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  1. #1
    Join Date
    Oct 2007
    Location
    WI
    Posts
    2

    Default Moving out of state

    I'm a divorced Mother with a six year old daughter. I recently looked to a out of state family member for help after my ex husbands last "episode". We now reside in WI. My ex is mentally unstable still in denial over our divorce that was granted over a year ago. He does pay child support and see's our daughter usually on a regular basis. I have primary placement with the only court ordered visitation rights being no overnight visits at his residence. Because of his emotional issues I often fear he may take her to his home country of Mexico without my permission. Hence the no overnights. My family member has offered to move us to VA with my ex under the impression we are going for a visit. If all goes well with the move I plan on asking him if I can make it a permanent move. If he says no is there anyway I would be able to fight it from VA? Also with no set visitation besides what I stated how long would I be able to be gone?

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Moving out of state

    Either he has regular visitation schedule or he doesn't.
    If he doesn't agree to the move, you need to petition the court. Just because he has mental issues ( who doesn't right? ) doesn't mean you are free to take the child away from him.

  3. #3
    Join Date
    Oct 2007
    Location
    WI
    Posts
    2

    Default Re: Moving out of state

    From our divorce decree... The petioner (myself) shall have primary placement of the minor child. The respondent (my ex) shall have periods of physical placement at all reasonable times upon reasonable notice to the petitioner with no overnights. So no, there is no set visitation. I may also leave the state as long as it does not exceed 90 days.

  4. #4
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Moving out of state

    Wow, looks like you got a good deal on the whole visitation thing. The father gets to see the child when the mother wants it.
    However, my bottom line answer still remains.
    If he doesn't agree to the move, you have to petition the court.

  5. #5
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Moving out of state

    Quote Quoting cinder0327
    View Post
    From our divorce decree... The petioner (myself) shall have primary placement of the minor child. The respondent (my ex) shall have periods of physical placement at all reasonable times upon reasonable notice to the petitioner with no overnights. So no, there is no set visitation. I may also leave the state as long as it does not exceed 90 days.
    Given the restritive wording in the custody agreement...How will your children see their father if you move?

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