Unmarried father of 11yr old daughter. Live in rural Wisconsin, want to move to Kansas City, MO with her, but mom says no. 13 yr homeowner, 15 yrs at job, drive 60 miles each way to stay near daughter and pay for instance, and anything else. Mom lives with the current boyfriend, in his house, and just lost a good job last month. I already have a home lined up in KC with my fiancee, I can transfer my job, I have extended family, and can provide more time and money for my daughter...not to mention the better education and more opportunities available to her vs living in rural Wisconsin.
From your question, it would appear that you have two issues that are facing you (1) attempting to get primary placement of your minor child and (2) requesting to move her out of state. I can only surmise from your fact situation that the mother has primary placement of your 11 year old child. You have the right to file a motion to request a placement change and to move the child out of state. If filed within 2 years from the initial custody orders, you would have to prove the child is in imminent physical or emotional danger to change her placement. If you are past 2 years, there is still a presumption that the current placement arrangement should remain as is, and while you don't have to prove "imminent harm," you still will need to show that there is a substantial and compelling reason for wanting to change her placement. Since you aren't married, only the "notice" provisions of the removal statute apply in your case. While some judges and lawyers may debate whether the entire removal statute applies in paternity cases, my view is that the statute is applicable only in divorce cases, but not paternity cases. You still however, even in a paternity case, are required to provide the statutory 60 day advance notice of your intention to move out of state with the minor child. If the other parent objects, you cannot move with the child, until ultimately the matter is dealt with in court. The removal statute is sec. 767.481 Wisconsin Statutes.
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