Legal Question in Family Law in Wisconsin

Re: Moving with a child when joint custody is on the divorce papers

I would suggest that you retain an attorney in your area for two reasons. One is to file a contempt action against your ex since he is not complying the final judgement which ORDERS him to pay child support and insurance. Be sure to calculate how much he owes and pass this information on to your attorney. Second if you retain an attorney for this reason then inform your attorney that you want to move. In Florida, the move would have to be shown to be in the best interests of the child. If the other parent does not agree with this move the court could approve it anyway. Good Luck.

Re: Moving with a child when joint custody is on the divorce papers

In Montana, there's no way around notifying the noncustodial parent of your intent to move. This requirement is designed to protect the noncustodial parent's parenting rights and parenting time. You can certainly make a good showing that he hasn't exercised his parenting time, so the move isn't really going to impact his parenting time. As the previous reply advised, also file a Motion for Order to Show Cause why dad should not be held in contempt for failure to pay court ordered support and insurance. Make sure you reference that motion in your motion for permission to move. Serving the motion on dad will act as his 30 day notice that you intend to move. Your attorney can use all the facts of dad's noncompliance and nonparenting to support your argument that the move serves the child's best interest.