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lilmama2
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Reged: 08/16/08
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CP Moving in WI
      #440506 - 08/16/08 10:51 PM

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.


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PhoenixRising
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Reged: 01/05/07
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Loc: New York
Re: CP Moving in WI [Re: lilmama2]
      #440569 - 08/17/08 10:01 AM

I couldn't find any case law that supports your supposition that the 150mile statute should apply to the city, you divorced in.

There "seems" to be amble case law that supports that the "intent" of the 150 mile statute is the maximum distance from the other parent using existing roads.

(IE: the distance cannot be as "the crow flies" because we are not crows.)

Wisconsin law allows that your proposed move to be considered a significant change in circumstances and he would be allowed to forward a motion to reverse custody.

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Be kind, for everyone you meet is fighting a hard battle. --Plato


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lilmama2
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Re: CP Moving in WI [Re: PhoenixRising]
      #440571 - 08/17/08 10:19 AM

My ex had moved approximately 20 miles away from me immediately upon seperation.

Using existing roadways it is about 118 miles from my city and definitely not more than 150 miles away from him.

Maybe he could try to reverse custody, but I hardly beleive it will be reversed since I have been the primary parent and stayed home with both kids until they were in school. Maybe I'm wrong but I don't see any reason why they would take childen out of the status quo situation and from a mother that they depend on.


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Miranda
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Re: CP Moving in WI [Re: lilmama2]
      #440578 - 08/17/08 10:59 AM

Wisconsin is a very liberal state when it comes to custody and visitation. In fact, isn't there a presumption of joint physical custody? I think you have an uphill battle as a judge has already ruled against the move once.

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lilmama2
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Re: CP Moving in WI [Re: Miranda]
      #440586 - 08/17/08 11:51 AM

No, my court order states that I have primary physical placement.

I had already mentioned to the GAL as well as my lawyer about how ridiculous it is that the CP can move up to 150 miles away, but can't move to another state and have the same visitation schedule with either move. Both the GAL and my lawyer, of course, said that yes it is very stupid. I just asked my lawyer the other day and he said as long as it is within 150 miles, I can. The judge ruled against a move out of state, but I believe that is because everybody assumed I would just remain in the same town against my will.


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lilmama2
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Re: CP Moving in WI [Re: lilmama2]
      #440589 - 08/17/08 11:57 AM

I would also like to add that I think it is very unfair that the NCP can move pretty much anywhere that he wants, but that the CP cannot move simply because she married and had children with the wrong person. In my opinion that would interfere with a constitutional right to have the freedom to move.

It is not interfering with his visitation. Currently, he has every other weekend and one night during the week, which my daughter always fights. No matter if I moved 120 miles away or 300 he would still have every other weekend and an additional time of 6 weeks in the summer. Time in which he could learn how to be the primary parent, which as the GAL stated in his report, he has never been so far.


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PhoenixRising
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Re: CP Moving in WI [Re: lilmama2]
      #440632 - 08/17/08 03:58 PM

"In my opinion that would interfere with a constitutional right to have the freedom to move."

Both you and your ex are allowed to live anywhere you want; it is your constitutional right.

However, moving children away from their parent is subject to Wisconsin statutes as you might just find out if you attempt to move 140miles away.

As you said the expectation of the court is that you will stay put so I am assuming your judge will side with your ex if you pull the stunt that you are contemplating.

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Be kind, for everyone you meet is fighting a hard battle. --Plato


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lilmama2
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Re: CP Moving in WI [Re: PhoenixRising]
      #440636 - 08/17/08 04:09 PM

Moving the children away from a parent may be subject to Wisconsin statutes, but, like I said it is also subject, I believe to what is in the best interests of the children. That was determined by the GAL to remain with me even if they would be living 300 miles away, which I am only planning on moving 134 miles.

It is not a "stunt", as you call it, it is an attempt to be close to my new husband.

Either way, I am appealing this judge's decision not to allow me to move with my children. Both the GAL and my lawyer believed the decision to be unfair. On appeal this will go to the apellate court, which will judge this judge's decision not to allow them to move.


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PhoenixRising
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Re: CP Moving in WI [Re: lilmama2]
      #440637 - 08/17/08 04:16 PM

The Appeal route is your best option.

Moving "134 miles" to just pi$$ off this judge is not a good option and as was stated could result in a reversal of custody which in your judge's eyes; would solve everyone's problem: The ex gets to stay close to the kidlets and you would then be free to move in with new hubby.

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Be kind, for everyone you meet is fighting a hard battle. --Plato


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PhoenixRising
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Re: CP Moving in WI [Re: lilmama2]
      #440639 - 08/17/08 04:17 PM

PS:
Out of curiousity,
What is the legal basis for your appeal???

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Be kind, for everyone you meet is fighting a hard battle. --Plato


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