if I notified my childs father that I was moving out of state and he has acknoledge it and hasn't taken me to court, am I allowed to leave with her?
Asked on Jul 31st, 2016 on Child Custody - Wisconsin
More details to this question:
I sent the father a text message over 60 days ago verifying I was moving, father verified, said he was going to take me to court but hasn't so am I allowed to move?
Wisconsin's removal statute requires a parent requesting to remove minor children to provide 60 days advance written notice to the other parent with a copy to the court of their intention to move out of state or more than 150 miles within the state; you must provide the specifics of the proposed move and must inform the other parent of their right to object within 15 days of receiving the notice; if an objection is received, you cannot move until the court holds a hearing to determine whether the move should be allowed or not. Your case raises an interesting question and whether recent technology such as texting or e mail complies with the statutory requirement of being required to provide "written notice." I assume you did not comply with sending a copy to the court, which means arguably the method that you chose to provide notice of your intent to move, arguably has not comported to the statute's strict requirements.
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