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Author Topic: Custodial parent moving out of state  (Read 7491 times)


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Custodial parent moving out of state
« on: Nov 04, 2009, 02:31:33 PM »
Hello, first I am from Wisconsin. My daughter's mother is planning on moving to Florida. My daughter is 7 and my ex has had placement since she was born and I've had every other weekend and holidays. Before she was in school I had her more often and have always been willing and offered to take my daughter whenever possible.

A few months ago my daughter's mother requested to move to Florida with her, her boyfriend of 7 years and her other 2 children. I agreed with all summer and holiday break visition, thinking it would be best for my daughter to be with her half brother and sister. About 3 months later my ex moved back from Florida, leaving one of her children with the father because they had broken up.

She then took the other child (both my daughter's half siblings) to Florida leaving my daughter and mother here in Wisconsin.... She has now "reconsiled" with the boyfriend and wants to move back down there with my daughter. She has agreed to go to couseling. I can not agree to her moving this time. When the two were split the boyfriend emailed me information on my ex about her being a sociopath, teaching the children to lie and having them lie for her ( I sadly see in my daughter and try to correct her behavior when I catch her lying).

Also that while she was back here in WI she was taking my daughter on overnight visits to her new boyfriend(s) houses and not to mention that she has moved 13 times in 5 years.  This will have to go court, because we cannot agree. What do you think my chances are? I also need to write a letter to her and the courts stating that I do not agree... any suggestions on wording that letter besides "You do not have my permission to take (my daughter) out of state."

I am thinking and believe I will be getting a lawyer. The more I read however on custodial parents moving out of state the more I get discouraged. My goal would be placement of my daughter, but this is my first issue.

Thank you for any help you can offer!


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Re: Custodial parent moving out of state
« Reply #1 on: Nov 04, 2009, 02:40:29 PM »
Is there anything in the courts right now? Open case? Did she file to move the second time again? Did you go back to court when she came back and get your normal visits back through court?

If no, then go to the courts and ask to file a motion that "child will not be moved from current school district as child has been move XX times in the past XX years".
If she has filed to allow the move, then you counter with a motion that child not be moved until after the custody trial and file for full custody.

Start getting together evidence about different addresses she has been living at....different schools, daycares, report cards with absences and changes to schools.


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Re: Custodial parent moving out of state
« Reply #2 on: Nov 04, 2009, 04:37:51 PM »
If you've not already seen these, read through these articles:

Moving & Move Away Articles
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Re: Custodial parent moving out of state
« Reply #3 on: Nov 04, 2009, 05:45:07 PM »
You can file for an injunction to prevent the move-away pending a custody hearing.  You'll need to start making a compelling case, above-and-beyond her flaky moving habits and BF habits... better schools, better churches, proximity to support resources (friends and family)... start finding out where the child can be for childcare when you're working... etc.

You have to put your primary custodial plan in place long before you get to court.
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*The opinions in this post are solely my own and do not represent the only way to address any particular issue.


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