Legal Question in Family Law in Wisconsin
parental rights when children move far away with one parent
I am writing in behalf of my son. He has 50/50 custody of his two children and has the kids on a every other week basis. I help babysit while he works when the kids are in his care. Custody and child support issues were all done through family services at the courthouse and no lawyers were involved. My son's ex-girlfriend ( kids mother ) has informed him that she will be moving about 100 miles away and he thinks she cannot do this without his permission. I think she can since there are no legal custody papers stating anything about this. If she should move, he will no longer see the kids on a weekly basis as they are school age. Will it be his obligation to travel and pick the kids up for a week-end visit? I have offered to pay for a lawyer but he thinks he will not need one. Any advice you could give would be appreciated.
Thanks in advance,
--name removed--
1 Answer from Attorneys
Re: parental rights when children move far away with one parent
For Wisconsin issues visit http://www.wisconsindivorcelawyers.com
Wisconsin law precludes a pareent from relocating with a child more than 150 miles away from the other parent without first providing a notice as required by Wisconsin Statutes. If it is less than 150 miles, no notice is required.
Your son may seek to attend mediation to work out a new parenting schedule as well as responsibilities for transportation related to his parenting time. If they are still unable to resolve the issue, he may file a Motion in Court.