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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11694
Experience:  19+ Years of Legal Practice in Family law matters.
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I currently live in WI and am moving 9 miles away from my daughters

Customer Question

I currently live in WI and am moving 9 miles away from my daughters father. we have 50/50 custody. My daughter is 8. I have tried to speak with him about this matter via the phone and he will not talk with me since I have tried to send the letter. I have sent a certified letter and he does not pick it up from the post office and will not answer door. I have sent a regular letter and he tells our daughter he has not received it. I have sent a text message. Our paperwork says that we have shared legal /physical and need to inform other parent of major decisions. If we leave the state or move more than 150 miles away we have to give a 60 day notice. I sent him the letter on june 1 and we did talk on the phone last month that i may have to move. I do part time property management and my work has me relocating to the next town River falls wi to manage their college housing. I stated to him our daughter could still go to the same school as he lives in the school district. Do I need to worry about anything here or have a missed a major hole? He likes to feel in control.
Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing family law for 19+ years and look forward to assisting you. I am working on your answer and will post it shortly, thank you for your patience.

Sincerely,
Alexia Esq.
Customer: replied 1 year ago.

Thank you

Expert:  AlexiaEsq. replied 1 year ago.
In the meantime, can you tell me - does she live with you and she will be moving 9 miles away with you?
Customer: replied 1 year ago.

Yes we have 50/50 custody and she will be living with me 9 miles away from her father when she is with me.

Customer: replied 1 year ago.

We have 50/50 custody and she is with him half the time and me half the time. Yes she will move with me for half the time


 

Customer: replied 1 year ago.


My letter is stating to him that I am moving even though my daughter has told him and I have sent text messages to him

Expert:  AlexiaEsq. replied 1 year ago.
Hi again, and thank you for your patience. With regard to your post:

I currently live in WI and am moving 9 miles away from my daughters father. we have 50/50 custody. My daughter is 8. I have tried to speak with him about this matter via the phone and he will not talk with me since I have tried to send the letter. May I presume that he was made aware by you in some what of the fact that you are moving?

 

I have sent a certified letter and he does not pick it up from the post office and will not answer door. I have sent a regular letter and he tells our daughter he has not received it. The fun part about that is that the courts typically rule that certified mail, r.r.r, even ignored and not picked up, when accompanied by regular mail (where the person need not GO to the PO and sign, and typically does read it (and certainly has the opportunity to), provides for notice.

 

I have sent a text message.I take it he didn't respond? You know, you can also send it UPS or FEDEX and require HIS signature or that it be left with a responsible adult. The delivery person, should document if he refuses to sign and accept.

 

Our paperwork says that we have shared legal /physical and need to inform other parent of major decisions. I agree that moving, even close by as you are, is a major decision - but I think you have and/or can easily have clear proof of informing him and you have little to worry about. If anything, he is making a fool of himself and showing the judge that he is immature and can not act like an adult here.

 

If we leave the state or move more than 150 miles away we have to give a 60 day notice. Sure, that is different because that will CHANGE the ability of father and daughter to have the same relationship, physically. 50/50 is impractical, and so the other parent has the right to say no so a Judge has to decide. But 9 miles, never see it.

 

I sent him the letter on june 1 and we did talk on the phone last month that i may have to move. I do part time property management and my work has me relocating to the next town River falls wi to manage their college housing. I understand.

 

I stated to him our daughter could still go to the same school as he lives in the school district. Do I need to worry about anything here or have a missed a major hole? I am seeing nothing alerting. If you want to be super cautious, do the UPS thing. But frankly, the cert. mail and all your other efforts is likely more than enough.

 

He likes to feel in control.Sure does, any Judge with a brain, should your ex make some motion saying he had no clue, not only find that he is lying, but also find that his difficulties in being a whole 9 miles from you is a tad disturbing. The man should be thanking his lucky stars that you aren't one of the many split parents that have no mental problem with taking the child literally across the country for a new job, to heck with the loving and frequent visitation with the other parent. And you'd be surprised how many Judges allow that even.

Optional Information:
Country relating to Question: United States
State (if USA): Wisconsin
What have you tried so far?: ???

Urgency: HIGH

I really think you are in a good position, not only have you been reasonable in your actions, but your actual 'major decision' is so minimal of the majors.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11694
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry it took me so long to get back to you and thank you, I am dealing with another issue with her father as she stated last weekend he "shot her with a one of those air guns she thinks 4-5 times..........UGHHH. Trying to get more details from my daughter and trying to see if this should be reported to the county. I have asked if they were playing and she said they were watching TV and there was a gun on the show and he showed her that he had a gun that was like the one on TV. Trying to figure out if it hurt her.....or what and she is being vague with answers as no little children do not want to get a parent in trouble. I do not see any visible marks where this could of happened as I am trying not to upset her.....

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