QUESTION
What can I do to retain custody of my son and have him move with me out of state? How?
Asked on Jun 11th, 2015 on Child Custody - Wisconsin
More details to this question:
I currently live in one state and I just got a job in another. It is a fast paced move (2 weeks). I have primary custody of my 16 year old son. He wants to go with me to Florida. I asked his mother to sign a paper notarized saying it is ok or him to move. She is hesitant to sign even though she has said it is his choice. She said she has to talk to her lawyer but I have not much time to get him re enrolled to school and hope for no issues. Can she keep him from going even if he wants to? And how do I fight this for him?
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest you immediately engage an attorney and finally motion to allow you to move with him. Given his age, and the fact that he is presently in your primary custody it should not be too difficult and perhaps, on filing the motion, his mother would rethink your position and allow the move voluntarily.
Answered on Jun 17th, 2015 at 1:50 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You need to get a lawyer. You don't say what the parenting plan provides for. If you are the primary residential parent, you must give written notice of the move. Because there is a time constraint less than the requisite amount for notice, you can make a motion for an emergency order to allow you to move the child. His opinion is legally irrelevant. You can enroll him in school in Florida even if he spends the summer here with his mother.
Answered on Jun 17th, 2015 at 1:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Assuming this is a non-marital child, you must send her a certified letter, RRR, giving notice that you are moving, and of the future address, and notifying her that she has fifteen days to file a motion with family court if she objects. A skilled lawyer always helps.
Answered on Jun 17th, 2015 at 1:50 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You have to file an application to remove him from the jurisdiction. Certainly his mother can fight you, but under the circumstances it should not be a big deal.
Answered on Jun 17th, 2015 at 1:50 PM