QUESTION

Can I move with my son even though we have no court papers? How?

Asked on Jun 04th, 2015 on Child Custody - Wisconsin
More details to this question:
My husband and I have been separated for a year. We are not legally separated. We have a two year old son and live in one state. I asked my ex could I move to another side with our son a month ago and he said yes. Now that I have put my notice into work and schedule the move he says no. We have NEVER been to court for ANYTHING. An NO papers have been signed OR served. Can I still move out of state with him?
Report Abuse

4 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
Update Your Profile
I'd do my best to establish the earlier consent. You might have a letter or E-mail from him. You also can businesslike put to him the scenario to get him him in writing/E-mail to say to what degree he agrees with your recollection. If done successfully, and you document the changes you went through in reliance on the consent, you can legally leave. However, he could litigate over the issue in Family Court in your current County and he might be able to show some post-consent change of circumstances giving him a reasonable basis for changing his mind.
Answered on Jun 04th, 2015 at 2:36 PM

Report Abuse
Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
Update Your Profile
You absolutely can. However, your husband can, if he chooses, ask to have the child returned to the home state.
Answered on Jun 04th, 2015 at 11:49 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, I need more circumstances but you should prevail if you once had, and can prove, an agreement. Right now the court has no jurisdiction to stop you, but that could change in an instant.
Answered on Jun 04th, 2015 at 11:16 AM

Report Abuse
Probably, but it depends on the law of the state where you live. Since this is a corner of the site devoted to Wisconsin, I will assume you live here. If there is no divorce or paternity action pending, and no earlier court order affecting where the child lives, you can move with the child out of state. You must notify the father of the child's whereabouts. Of course, it's best to work out any dispute about this matter rather than present the father with a fait accompli. Consult an experienced family law attorney: it's almost always worth the investment.
Answered on Jun 04th, 2015 at 10:21 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters