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Im an unmarried mom with a 2 yr old. Ive read online that I can move if I gave a 60 day notice to the dad, we've talked about how I might move quite a bit. He is perfectly fine with it, do I still have to wait the entire 60 days or am I allowed to go sooner?
Is there a Court Order? I've never heard the "60 day rule" before.
If he agrees to the move I'd get his permission in writing. About 2 years ago something similar happened to someone I know. He gave permission for the move, she and the child moved, he then went to Court and claimed he didn't know and, therefore, didn't consent, CPS took the child from the mother and they were back in Court for several months.
It would have been avoided if she had had his written consent.
Im currently in Wisconsin and I think I read it in the Wisconsin court systems website. It said I had to give at least a 60 day heads up in writing and he'd have 15 days to file for something in court if he wasn't OK with it, they never discussed whether it'd be all right to leave before 60 days was up with his consent, I'll get his written consent then. Would I need it to be notarized? Or just any written consent with the date and his signature?Quote:
Originally Posted by JudyKayTee
It would help if you could find the site and post a link to it. But I suspect that it may be referring to this:Quote:
Originally Posted by iPanda
"767.117 Prohibited acts during pendency of action.
(1) Prohibitions. In an action affecting the family, the petitioner upon filing the petition, the joint petitioners upon filing the joint petition and the respondent upon service of the petition are prohibited from doing any of the following:
...
(c) Unless the action is one under s. 767.001 (1) (g) or (h), without the consent of the other party or an order of the court, establishing a residence with a minor child of the parties outside the state or more than 150 miles from the residence of the other party within the state, removing a minor child of the parties from the state for more than 90 consecutive days, or concealing a minor child of the parties from the other party ..." Wisconsin Legislature: 767.117
In your case, neither parent having filed a petition, the statute doesn't apply.
I would certainly have I notarized so he can't claim it was forged. But if you get written permission, you shouldn't have to wait.
Its not this one at all. It's a different one. This is the actual one that the OP is talking about:Quote:
Originally Posted by AK lawyer
767.481 Moving the child's residence within or outside the state.
(1) Notice to other parent.
(a) If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less than 60 days' written notice to the other parent, with a copy to the court, of his or her intent to:
1. Establish his or her legal residence with the child at any location outside the state.
2. Establish his or her legal residence with the child at any location within this state that is at a distance of 150 miles or more from the other parent.
3. Remove the child from this state for more than 90 consecutive days.
Wisconsin Legislature: 767.481
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