QUESTION

What can I do about needing to relocate outside of WI.

Asked on Aug 12th, 2016 on Child Custody - Wisconsin
More details to this question:
I'm divorced from an abuser, one that was even proven in our final fact findings, and I have sole legal custody and placement. My ex has supervised periods of 4 hours on Wed and 3 Sunday's a month. My son and I have been diagnosed with ptsd because of the abuse. I filed back in March to remove the child from the state. Our court system is flooded because we only have one judge right now. We just finally had our court date this past Wed and my lawyer had assured us it would all be over and we'd be moving. Well my ex's lawyer stalled with a bunch of character witnesses that we couldn't get all through. The judge said we would potentially need 2 more full days in court. He would not grant a temporary leave because he wants to just make one final decision, but he has no time to see us until next year and my ex's lawyer wouldn't even agree on a date then. School starts in SC soon and we have a wonderful home waiting for us, I'm devastated. Is there any way around this so my chil
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
Removal cases are complex and emotional for both parties. If you are already in the middle of litigation, you cannot move until the judge makes a decision on the case. Courts usually expedite such hearings based on the need and urgency to leave. Are you sure the court gave you a new hearing date to complete the case in 2017? I assume there is a guardian ad litem appointed to advocate for your children. Are they supportive of your proposed move? Without it, you will have a difficult time convincing had judge you should be allowed to move away. The answer to your question is to try to settle the case now so you don't have to wait for more trial time in court. Money usually works in cases like yours as a trade off for moving away. That means you will need to consider an adjustment in child support, or help pay for his travel expenses along with coming up with offering him extended placement here in Wisconsin during non- school time, to be allowed to move away. I understand that may be difficult for you to consider given some of the circumstances of your case.
Answered on Aug 13th, 2016 at 6:55 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

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