More details to this question:
My ex wife moved out of state with my youngest son. I allowed this because she said (in writing) that she was responsible for visiting. Now she says it's too costly to keep visiting, and I have to make travel arrangements for 50% of the time. This is not what was agreed upon, and I am prepared to attempt to get full custody of him. What do I need to do?
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The first thing I can recommend is something you can't do anymore. Get it in writing. Handshake deals and informal agreements are non-enforceable in court. Your agreement should have been reduced to writing and submitted to the court as a binding court order, subject to contempt if someone doesn't fulfill the terms of the agreement. I am not trying to scold you or ridicule you for not doing it that way. I am simply pointing out that next time, get it in writing, formally. Now what you need to do is file a motion to set terms on placement, visitation and cost, now that she has moved away. You will need to check with the county clerk to determine if that motion is heard by the court commissioner or the trial judge.
Answered on Jun 20th, 2017 at 6:32 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com