QUESTION
Can I move to another city with my children without the consent of their father? How?
Asked on Sep 09th, 2015 on Child Custody - Wisconsin
More details to this question:
Last year the father of my kids and I were having terrible relationship problems. He basically left me with nowhere to go. I had to move to another city with our two children. I moved and started a new school and life. He convinced me to move back to him with our kids because he said he wanted to try and work things out. He never did. So now I’m here living with him, unemployed and now he wants me to move out or he will. I want to move back to where I did the first time he dumped his kids and me. He is telling me I can’t. What are my rights? Can I move?
1 ANSWER
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This is a Wisconsin corner of the site, so I can only advise on Wisconsin law. In this state, you may not move with the child to another state, or more than 150 miles from the other parent, without either the consent of the other parent, or an order from the court. In this and many states, you have to give him a particular kind of formal notice, which must contain certain warnings and information at least 14 days before you depart (if the child is non-marital; 60 days if the child is born to a married couple.) He then has the opportunity to object, and the court must hold a hearing. The criteria for deciding whether or not the child may leave with the parent are rather extensive and wordy, but they basically come down to the best interest of the child. I strongly suggest you consult a skilled family law attorney as soon as you can. It is almost always worth the investment. Good Luck.
Answered on Sep 09th, 2015 at 10:38 PM