Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
I am from Wisconsin and married a man from Illinois. I went through the proper channels and sent 60 day notice via certified mail to ncp that I was planning on moving. He objected, of course. The first hearing was with the court commissioner and she ordered that I could move. My ex wanted it to be heard in front of a judge. The judge was very biased towards fathers and I don't beleive he even read the GAL report which recommended the move to be in the best interest of the children. The judge ordered that I could not move.
My husband and I have a house in Illinois, had the kids registered for school, and were planning on the move since it was so close to school starting.
I am now planning on a move that would be further south to be closer to my husband. Approximately 120 miles from the city of our divorce, which I beleive is what they count the mileage from? From what I can tell the law states, as well as our divorce order that I can move less than 150 miles within the state. Is there anything he can do to prevent this from happening? I know he can file for a modification in placement, which I assume he will do. 
What cant you understand about a judges order? It's binding and you cant move 9well, you could but there would the a custody change).
If this happened less than 30 days ago, you can appeal but good luck.
If the 30 days have past, there is no debate or advice or anything else. You have you CO.
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GO CUBBIES!!!!
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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None of us (with the exception of one) on this board are lawyers, however many of us have had extensive experience dealing with custody and court issues. I DO live in WI and you are fighting an uphill battle. First of all I have never heard of a judge in this state over turning a GAL reccomondation or a CC decision so there must be more to the story than you are telling. "If" your lawyer told you to go ahead with the move I can only guess that he figures once you are there the childrens father will give up the fight and you will "win" by default. If he doesn't give up however there is a very good chance that you "will" lose custody and if it's the same judge who already issued a ruling you are going to do nothing but piss him off . I also have to say that not giving your x the specifics of the move until as you put it "It's too late" could end up with you having supervised visits as it makes you a risk to hiding the children. The" too late" thing is BS anyway. You have to give him notice and he could have an injunction to bar you from taking the kids and registering them in school. As of right now HE has a CO on his side. Not you. Yyou have to give notice even if it's an in state move with in the guidelines. Even then he has a chance to object and could win if it changes the CO's parenting time one bit. Meaning if he would have to give up mid week visits in exchange for time some place else he could still object and would have valid reason. You are very right when you say WI doesn't like to change status quo, but they WILL if neccessary. Relocating across state lines not only without a CO in your favor but one AGAINST the move is certainly grounds for changing the status quo.
As for the kids best interests, there are no cities in Southern WI that are so bad the children are in grave danger living in them, a parent in WI has to pretty much murder one of their own children to be considered unfit to be a CP so what is it that makes this move in the childrens best interest? (Not yours, theirs) IMO it's damn irresponsible to marry someone and make all these plans before consulting the person your children share DNA with. You HAD to know he'd fight. Why did you get married before getting your ducks in a row?
BTW, PR hasn't been rude to you at all, and I have never seen her not be right on the money in her advice. Don't come here and expect hand holding. If you want honest opinions you'll get them, if you don't then it's probably not the right place for you. You have an attorney for legal advice. That's not what these boards are for and they offer a disclaimer stating that. This is simply advice based on each persons own experiences, but you'd have to surmise that if most of the people are on the same track with their opinions there has to be something to it.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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mommyof9
old hand
Reged: 10/04/08
Posts: 1176
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For the record, Lily, the people responding to your post are the GOOD ones, not the ones who are harassing the other threads.
What gives them a right to offer advice if they'r not attorneys? EXPERIENCE, personal research, and YOU asked. If you only want advice from attorneys you're at the wrong site. Go pay $150/hr and get your advice.
In response to your "judges preferring status quo" comment. You are absolutely right. However, "status quo" would include you not moving in with a new husband 134 miles away. It is a risky move and very well could result in your ex being awarded custody.
I'd probably give it a try, personally, because I agree with the benefits to the kids. Just be prepared that you may not be able to move AND keep your kids.
Good luck!
PS. Do you have an update for us? I hope it's all going well.
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Hope for the best, prepare for the worst.
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DEFather
member
Reged: 10/26/07
Posts: 157
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These Kf are also known troll posters.
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