Relocating With Children After Divorce
A question we get at Sterling Law Offices, is can I move my child out of the state of Wisconsin? “Unless you get a court order stating otherwise,” says Attorney Kinsler, “Absolutely not, no you can not, you're going to get yourself in an awful lot of trouble if you do so without first going through the proper process through the courts in order to authorize that move.”
Learn More About Child Custody in Wisconsin
If you move your child within the state of Wisconsin more than 100 miles away from the custodial parent, you are required by law to make a formal motion. If you move across state lines, you're automatically compelled to make a motion to relocate. “Actually, if you're intending to move, let's say, more than 60 miles, you're probably going to fall in the same bucket,” adds Attorney Kinsler. This is really a practical consideration. It becomes tough at these distances for two parents to share custody of a child in equal fashion.
Once you've filled your formal motion, the other party will get a chance to object. There will be court hearing within 30 days. A Guardian ad Litem will likely be assigned to the case. You will have to go through the process of a Custody and Placement conflicted case. Attorney Kinsler explains in the video why the courts operate in this way and what they are taking into consideration when there is a substantial move requested by one parent.
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It is important that the court acquires jurisdiction over the persons of the defendant and the plaintiff or the petitioner. Jurisdiction over the person of the defendant is acquired upon the proper service of summons. “If service isn’t proper, you’ll have to start all over again,” explains attorney Kinsler.
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