What can i expect to happen at court if he would object? is it considered abandomnent in wisconsin after 3 years of no contact? what if we get married
Asked on Aug 21st, 2015 on Child Custody - Wisconsin
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My Fiances job is relocating us to Texas to there other plant and we are in Wisconsin currently, there is a pay increase in the job and we really want to move, problem is my child who is 5 is not his and i have to give her/his father 60 days notice to move in hopes he doesn't object to it and go to court. He has not seen her/him or made contact with her/him in 3 years now and she/he has no clue who he is or who his family is and lives 20 minutes away from us and he pays support but not full support i lowered it to $100 a month but he still pays that all. my Fiance and I also have a child together who is 1. If he would object and take us to court what would all happen? do you think the court would give him visitation rights or anything. I have physical placement and legal custody of her/him he has no rights to he/him except visitation upon reasonable notice. i also have few things documented against him nothing to serious though not like physical child abuse but possibly verbal.
Were you married to the father and divorced or was this a paternity case? There is a matter of legitimate legal debate in Wisconsin whether "the removal statute" applies only in divorce cases, or in paternity cases as well. The prevailing position seems to be that only the "notice" provisions of the statute apply to a couple where they were not previously married. Either way, if you plan to move out of state or more than 150 miles away within the state, you must provide 60 days advance written notice by certified mail to the father and to the court of your intention to move out of state; the 60 day advance notice should include the reason for the proposed move, where you are moving to, the proposed move date, that the move is intended to be permanent, and most importantly, that it mist provide notice to the father of his right to object in writing within 15 days after receipt of the notice. I also suggest you add a provision detailing what your plan would be to allow the father alternative visitation, including travel costs, but this is not currently mandated by the statute. If the dad files a written objection within 15 days, you will not be allowed to move until there is a court hearing to deal with the appropriateness of the proposed move. The statute seems to suggest that the person objecting to the move has the burden of proof to convince the court why the move should be blocked. If the father offers no written objection within 15 days, you are free to move. Most of your post is argument as to why you should be allowed to move; certainly if true, that the father has had minimal or no contact with the child for over three years, that would be a significant factor in the court's decision. However, the court may also consider your relationship with your boyfriend to he "too casual" and that may be a factor against the proposed move; boyfriends come and go. If your relationship were more formal such as being engaged or married, it probably would carry more weight in the courtroom, should the matter become contested. Further, if you were to marry, and the father were to continue his pattern of no contact for extended periods of time, you may have cause to do an involuntary termination of his parental rights and allow your new husband to do a step parent adoption of your child, if you thought that was in your child's best interest.
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