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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28319
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex-husband and I have joint custody of our teenage sons.

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My ex-husband and I have joint custody of our teenage sons. At present time, he has physical custody as they live with him. The boys and I are wanting to move to WI near my family. If their dad says he doesn't want the 15 year-old to move, what rights do I have? What if my son is already there? What can happen if we just go without his approval?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. How old are all the boys? Is only one a minor?
Customer: replied 4 years ago.

My sons are 15 and the other one turns 18 7/25/13

Thank you for the additional information. If the father is not going to agree and allow the minor child to relocate with you, then you would need to petition the court and have the Judge sign an order, allowing you to relocated out of State with him. The Judges decision to allow the child to move with you, would be based on the best interest of the child and this is something which you would need to show. If you were to just move with the minor child, you would be in violation of the court order and could be held in contempt of court, along with possible kidnapping charges. You can not just take away the legal rights of the father and his custody, since joint custody was ordered and the boys live with him. If you just go without his approval, he would be able to 1) call the police and report this or 2) go back to court and seek to hold you in contempt. The Judge may listen to the wishes of the child but always has the final say. If the father is going to oppose this, it is certainly in your best interest to go through the proper process and obtain a court order.

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Customer: replied 4 years ago.

What is the cheapest way to do this? Do I need to get a lawyer? What should I look for in finding help?

You do not need an attorney and you could do this yourself. You can start by contacting the clerk of court in the family division and see i they have the necessary forms for you to fill out and file. If not, you would have to use the law library and their books/information to draft your own motion/petition. In an ideal situation, you would retain legal counsel and prices will certainly vary. There is nothing wrong with calling a few family law attorneys and having a phone consultation with them, to see what they can do to help and what they will charge. You want to find an attorney who has previous experience dealing with child custody cases where one parent wants to move out of State with the child, when the other parent objects.
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