Legal Question in Family Law in Wisconsin

one parent wanting to leave the state

I have custody of my one year old son. His father has no legal rights to him except that i usually let him see him when he wants to. My question is if he wants to move to chicago il can he without my permission? He wants to start seeing him one week out of the month once he moves there. I think that's too far away. We live in northwest wisconsin that is like a 8 hour drive for him to see him and he doesn't have a license to drive. i think he should stay around here and continue you to see our son. It's seems unfair of him to move over 400 miles away.


Asked on 1/28/09, 7:06 pm

1 Answer from Attorneys

Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: one parent wanting to leave the state

Well, people have been extremely mobile in this country and families have been moving away from the places where their extended families have roots since at least the 1960s. It's not unusual and, if he is moving to take a job in Chicago (when there are few jobs to be had in the arguably remote area of the state you live these days of hard, economic times), it's unfair for him not to be able to go - especially if he's paying child support to you and needs gainful employment to keep up with any such child-support order. Wisconsin law does not bar him from moving all the way to Chicago if he does not have primary physical placement of the child and is not taking the child with him to live. I don't know what the full circumstances of his move are, but it's a free country and he's free to move. For the sake and best interests of your child, you should make every effort to allow him to spend as much time with the child as possible, even if he relocates to Chicago. The only exception to that general rule of guidance would be his not having a valid driver's license, and him insisting on driving up to get the child and not sending you some cash to help pay for air fare.

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Answered on 1/28/09, 8:41 pm


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