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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102192
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question currently working with an attorney who is

Customer Question

Hello! I have a question currently working with an attorney who is no getting back to me. I have filed a motion to relcate and move my children with me more than 150 miles still in the same state. Their father was served he did not file the objection in 15 days and it's past the 60 day notice, was setember 6, legally can I move them now?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Please note that nothing should be done without first speaking directly with an attorney face to face, be it the one currently on one's case, or another one, in one's jurisdiction.

According to Wis. Stat. Ann. § 767.327 et seq:

(2) Objection; prohibition; mediation.

(a) Within 15 days after receiving the notice under sub. (1), the other parent may send to the parent proposing the move or removal, with a copy to the court, a written notice of objection to the proposed action.

(b) If the parent who is proposing the move or removal receives a notice of objection under par. (a) within 20 days after sending a notice under sub. (1) (a), the parent may not move with or remove the child pending resolution of the dispute, or final order of the court under sub. (3), unless the parent obtains a temporary order to do so under s. 767.23 (1) (bm).

(c) Upon receipt of a copy of a notice of objection under par. (a), the court or circuit court commissioner shall promptly refer the parents for mediation or other family court counseling services under s. 767.11 and may appoint a guardian ad litem. Unless the parents agree to extend the time period, if mediation or counseling services do not resolve the dispute within 30 days after referral, the matter shall proceed under subs. (3) to (5).

Ergo, one gives 20 days to respond, and not 15. The statutory language also seems to suggest that one can indeed relocate if the other parent does not respond within the allotted time (sub-paragraph "b").

However, note the following, please: the custody decree may modify the statutory rules above, so it is important to check one's custody orders to ensure that no additional/modified rules are in play, and, it is still always best confirm with one's attorney prior to doing anything like this.

All the best.

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