QUESTION

How do I legally move out of state with my daughter when i have joint custody primary placement? I live in Racine,Wi.

Asked on Apr 28th, 2015 on Child Custody - Wisconsin
More details to this question:
I live in Wisconsin and I want to move to Texas. I have joint custody primary placement. Im not in contact w my daughters biological father. We havent talked to him in 3 years. He hasnt been in her life much. We only went to court once for custody back in 2005 right after she was born. I just want to know what actions i need to take to do this legally. In the custody papers from back in 2005 it said something about writing a letter to her father and sending it 60 days prior to moving and was wondering if this was true
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
You are required to provide 60 days advance written notice of your intention to move your child(ren) out of state. In the notice you should inform the father details of your proposed move including when you are moving, where you are moving, including address and phone number and the reason for the proposed move. You are also required to provide him with notice of his right to object to your proposed move. It is a matter of legal debate whether the rest of the removal statute applies in paternity actions; it clearly applies when a couple have been divorced. If the father files some type of objection to the proposed move or a motion with the court to change placement, most courts will enter an order that you cannot move out of state until there is a hearing in court to determine if the court will allow the move. If you provide the appropriate legal notice to the father and if he fails to object within the statutory time line, you would be free to leave. However, keep in mind the court orders stand and if the father was given placement rights, you may also need to file a motion with the court to modify dad's placement schedule, otherwise you may be found in contempt of court for interfering with the father's placement schedule.
Answered on May 17th, 2015 at 5:09 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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