Legal Question in Family Law in Wisconsin

I have 50/50 placement with our 8 year old son. Currently we live in the same school district. I have been in a relationship for a while and I would like to move in with her at some point (she owns and I rent). We will be engaged soon but she lives in a different school district approx. 30 miles away. The plan is to keep our son in the same school and do the traveling. Can I lose my placement rights to our son if I move in with her? I figure the mother will try and fight making it difficult. What are my options?

Asked on 7/02/12, 4:22 pm

1 Answer from Attorneys

Raza Mahmood, Esq. RSM Law Firm, LLC

The answer really depends on whether there is a custody arrangement ordered by a court, either as part of a divorce or paternity judgment. If so, there is generally a statement about the geographical limitations that both parties need to abide by. Generally speaking, moving 30 miles away is not a drastic change as long as it doesn't affect the actual placement schedule. However, the mother can certainly "try" "fight" and make things difficult as well--she has the right to court access for any non-frivolous claim after all. But in general losing placement seems like an unlikely scenario, in the absence of some substantial change in circumstances.

If the mother pursues legal action you should contact an attorney immediately. My office offers free initial consults in the Milwaukee area.

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Answered on 7/02/12, 5:59 pm

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