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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Why cant my son move out of state (Wisconsin) with me when I

Customer Question

Why cant my son move out of state (Wisconsin) with me when I wrote a letter of intent, mailed it certified and a copy went to the court and the non-custodial parent did not respond. It has been 4 months now. Our current court order states I have full placement and I have for 15 years.
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only 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.

Who is saying that you cannot move out of state? The Court, or, the non-custodial parent?

Customer: replied 10 months ago.
I have already moved as of June 10, 2016, my son stayed behind to finish Summer Camp and due to the 60 days notice for the state of Wisconsin, you can't legally take your child out of the state without a handwritten letter of intent to move served on the non-custodial parent and a copy to the courts, which I did both. I have always had custody of our son because he has been mia. For the last 8 years he has not taken him overnight even. Now it is 4 months later and he will not allow him to come here.. he is keeping him from me.
Expert:  Ely replied 10 months ago.
Thank you.
Do you know if he has filed anything in court so as to modify custody? Or, not?
Customer: replied 10 months ago.
Am I paying for these responses?.... I already told you he did not respond to the letter of intent. He has not filed anything with the courts. The non-custodial parent tried to have his father fill out a stipulation, when it came before the courts I did not agree to the stipulation. HE HAS NOT FILED ANYTHING!! MY son is 15 years old.. what papers do I need to file.. or can I just drive to Wisconsin and pick my son up at this point and take him back with me? Or get him a one way ticket, his things are already at my house.
Expert:  Ely replied 10 months ago.

No, this is not a pay per response situation. I am simply getting a little background situation.

It sounds like you gave the proper notice under Wis. Stat. Ann. § 767.327(1)(a), and he never challenged it by filing anything in time under Wis. Stat. Ann. § 767.327(2). So that matter is closed.

It is not about relocation. It is about the fact that he is withholding your child in violation of the court order. Someone in your situation has two official remedies:

1) File a contempt motion. This is a motion that asks the court to admonish, fine, and/or imprison him for disregard of the custody order. This is used more to punish him; or

2) File a writ of habeau corpus request with the court, asking the court to order an immediate return of the child. This is done to get the child back faster and less so for punishment.

Both things achieve the same thing, however.

Technically, someone in your situation can also attempt to take the child yourself. It is recommended to call the police ahead of time and ask them to provide a back up to ensure that the matter does not get violent. The local police are less likely to help if this is a custody matter, but are more likely to help if they believe tempers may flare. He may see the police officer, and just give up the child, believing that the officer is there to force the issue (whereas the officer would simply be there to keep the peace - but why correct his assumption).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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