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  1. #1
    Join Date
    Apr 2012
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    1

    Default How to Get Permission to Move to Another State

    My question involves a child custody case from the State of: Wisconsin.

    I live in Wisconsin my divorce was final in 2009. In my divorce decree I have an attachment that states that “husband agrees to let wife move out of state with child." if I move out of state with my child can he make me move back to this state. He has not been the child’s life consistently.

  2. #2

    Default Re: Want to Move to Another State

    I think you should consult with an attorney to see if the attachment is an official part of the decree. If your ex-husband tries to pull your child back to him, you could go to court for an official child custody order. Given that he has not been in the child's life often, I think any legal dispute would favorable for you. Nevertheless, I would recommend you share your story with a lawyer to confirm this.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Want to Move to Another State

    The clause in your divorce agreement is, in practice, virtually impossible to enforce. Dad does have the constitutionally-protected right to fight against any out-of-state relocation, though the clause might make it more difficult for him to do so successfully.

    With that said, in Wisconsin the presumption is in favor of relocation; unless you both have more or less equal possession of the child, the burden would be on Dad to prove why the move is not in the child's best interest and that the court should consider the move unreasonable.

    Speak to a local attorney just to cover your bases before you go - you may find that you still need to notify him anyway.

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