Might have screwed up. Need advice

[TCool]

What is the name of your state? WI

So, I was reading through some information posted in another thread on the site http://www.legis.state.wi.us/lc/publications/lca/lca_2002_01.pdf

I ran across this:

If a court grants periods of physical placement of a child to more than one parent, the court must order a parent with legal custody of and physical placement rights to the 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 do any of the following:
• Establish his or her legal residence with the child at any location outside the State of Wisconsin.
• Establish his or her legal residence with the child, at any location within the State of Wisconsin, that is a distance of 150 miles or more from the other parent.
• Remove the child from this state for more than 90 consecutive days [s. 767.327 (1), Stats.].

Anyway, I have primary physical custody and I've been planning a move to Madison, WI (about 180 miles from mother) for the past year almost. In October I gave my ex the written notice, had her sign and date a copy for me (not sure if that matters) and gave her a seperate exact copy. This was all listed in my court order, so this is why I did it. However, the court order didn't state anything about needing to send a copy to the court. And that is what concerns me, because I did not send a copy to the court. Is it too late now to send them a copy? Do I need to push off my move and redo this whole process? (would be hard to do since I'm supposed to start school down there Jan. 14th)

The site also states that the ncp has 20 days to object in writing, which she did not, but does that even matter now since I didn't send a copy to the court?

So, what should I do? Send a copy of the letter to the court now, or just wait and restart the whole process?

 

[CJane]

I would send/take a copy of the letter that your ex signed/returned to you and file THAT in your court file.

Honestly, I wouldn't worry about the time frame of informing the court as that part is usually a formality - especially if she didn't file an objection.

 

[TCool]

Oh, I should also mention that the court is aware of my intent to move. This was written into our custody agreement by my lawyer. Not sure if that matters at all here or not.

 

[TCool]

I would send/take a copy of the letter that your ex signed/returned to you and file THAT in your court file.

Honestly, I wouldn't worry about the time frame of informing the court as that part is usually a formality - especially if she didn't file an objection.

Thank god! I was really worried there for a bit.

I will definitely send that copy to the courts now then. How do I go about doing that? Do I just go in and say I have something that needs to be added to my court file? Or do I have to do some special paperwork for it? So far I've had my lawyer do all this kind of stuff, but I don't really feel like paying him a few hundred dollars for this.

 

[CJane]

Thank god! I was really worried there for a bit.

I will definitely send that copy to the courts now then. How do I go about doing that? Do I just go in and say I have something that needs to be added to my court file? Or do I have to do some special paperwork for it? So far I've had my lawyer do all this kind of stuff, but I don't really feel like paying him a few hundred dollars for this.

Stand by for a reply from Zephyr if she hasn't abandoned us for the holiday yet.

 

[Zephyr]

send a copy into the courts, preferably a copy of the one signed by your ex, I don't think you should have any hassle at all, IF mom objects is when the court would take action, but with it being written into your prior order, and mom obviously having knowledge of that, you shouldn't have a problem.


767.481(1)(b)
(b) The parent shall send the notice under par. (a) by certified mail. The notice shall state the parent's proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal, and that the other parent may object within the time specified in sub. (2) (a).

767.481(2)
(2) Objection; prohibition; mediation.

767.481(2)(a)
(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.

767.481(2)(b)
(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. 767.225 (1) (bm).


you didn't send it certified as required by statute, you can either 1. do nothing, hope she does nothing and go ahead with your move, sending in the proper copies to the court, 2. resend her notification properly and hope she does nothing, sending the appropriate copies to the court


have you talked to the court clerk to see if she has taken any action contesting the move?

familiarize yourself with this, it has become my "bible" of sorts and it's invaluable to know or be able to find the information you need
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=WI:Default&jd=top

 

[TCool]

send a copy into the courts, preferably a copy of the one signed by your ex, I don't think you should have any hassle at all, IF mom objects is when the court would take action, but with it being written into your prior order, and mom obviously having knowledge of that, you shouldn't have a problem.

Thanks!! I feel as if I should drive up by you and take you out to lunch for all the help you've given me.

 

[Zephyr]

Thanks!! I feel as if I should drive up by you and take you out to lunch for all the help you've given me.

LOL, you're welcome


did the notification that she signed include....The notice shall state the parent's proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal, and that the other parent may object within the time specified in sub. (2) (a).

 

[TCool]

LOL, you're welcome


did the notification that she signed include....The notice shall state the parent's proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal, and that the other parent may object within the time specified in sub. (2) (a).

Well, I did not send it certified mail because she refused to give me an address as she had just moved. So, what I did was present her with the letter when she arrived to drop off our daughter at my house and had her sign it at the same time. Yes, it did include the specific date and location of the move and no it did not include the time period in which she may object because I was unaware of this. I simply followed what our order said, which was my bad. I should've checked the statutes for more information.

I suppose if I don't redo this process and she decides to go to court this could cause some major problems for me in the future, correct?

 

[Zephyr]

Well, I did not send it certified mail because she refused to give me an address as she had just moved. So, what I did was present her with the letter when she arrived to drop off our daughter at my house and had her sign it at the same time. Yes, it did include the specific date and location of the move and no it did not include the time period in which she may object because I was unaware of this. I simply followed what our order said, which was my bad. I should've checked the statutes for more information.

I suppose if I don't redo this process and she decides to go to court this could cause some major problems for me in the future, correct?

possibly- one way to get around it may be to go ahead and sit down with mom and formulate your long distance parenting plan and submit it to the court as a stipulated agreement.....then her formal agreement is right there


what did your last court order state in regards to your relocation? I should have asked this first

 

[TCool]

possibly- one way to get around it may be to go ahead and sit down with mom and formulate your long distance parenting plan and submit it to the court as a stipulated agreement.....then her formal agreement is right there


what did your last court order state in regards to your relocation? I should have asked this first

I don't have the order right in front of me since I'm currently sitting at school, but I'll do my best to paraphrase it.

It stated something very similar to:

"It is inteded that Father(me) will be moving for college purposes to, but no limited to, Madison, WI"

I won't be home until around 8 tonight, but I'll make sure to get the exact wording when I get home.

 

[TCool]

lol I'm rereading that and I know it doesn't sound right, but it somehow stated that I was planning to move to Madison for school but also kinda said that I might choose to go to college in another city. LOL, this will be much easier once I get home and put the exact wording on here.

 

[Zephyr]

lol I'm rereading that and I know it doesn't sound right, but it somehow stated that I was planning to move to Madison for school but also kinda said that I might choose to go to college in another city. LOL, this will be much easier once I get home and put the exact wording on here.

ok no prob....it may or may not make a difference...is mom amenable to working out a new parenting plan between the two of you?

 

[TCool]

Well, is it possible to refer the custody agreements/visitation back to the first agreement and just use this as a way to add that she agree's to me moving to madison by adding a meeting place and other relevant information? I know if we start dealing with any custody/visitation issues she will want to change it all around, but if we are only dealing with issues of how we are going to deal with the long distance aspect of things she probably would sit down and come up with an agreement with me.

 

[Zephyr]

I'm not sure I understand your first statement

but in the new parenting plan you could leave everything the same and just change the exchange point, or deal with the transportation issue, are you planning on the time split remaining the same? will this time split be able to be continued after the child starts school?