Another try

Didn't get much of a response to my earlier question so I'll try again. What are the general restrictions upon an ex-spouse moving when the parents have joint custody? Does a spouse generally have the right to move freely or can restrictions be put on them to keep the children nearby both parents?

Live in WI.

Thanks.

[MySonsMom]

There are no problems when a non custodial parent moves, but when the custodial parent moves is when there *could* be problems. If the non custodial parent does not agree with the move and will not make arrangements between the two of you, normally you will have to get the courts involved. If that is the case then you need to file a petition to the courts to get *permission* to move. Then a judge will decide if you can or not. Also, visitation needs to be sorted out as well to take into account the distance of the move. So if you and your X cannot agree on this move, then you will need to get the courts involved in order to do it legally. Good luck!

------------------
*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

Most states when they order Joint Custody require the primary parent to give a 30 day notice prior to moving out of the county/state. That allows the NCP to petition the court to stop the move or change the visitation and cusotdy if possible.

[MySonsMom]

Invisable blonde, that is correct as well. But one thing that you have to be careful with is if you give your notice to the non custodial parent of the move, and they contest and don't agree with it; then instead of moving and waiting to see if they file the petition the custodial parent still has to grant the normal vistitation as assigned. So it does get kind of touchy..especially when the move aggravates the visitation. So yes, the custodial parent has to give notice to the non custodial parent, and if they contest they have to go to court. But until it gets resolved; normal visitation must be excercised...and in many situations with a move that isn't possible with the distance.

------------------
*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Invisible Blonde:
[b]Most states when they order Joint Custody require the primary parent to give a 30 day notice prior to moving out of the county/state. That allows the NCP to petition the court to stop the move or change the visitation and cusotdy if possible.[/b]<HR></BLOCKQUOTE>

This implies that joint custody is more complex than first meets the eye. That is, it appears that someone is designated the "primary parent". Is this something that is decided by the court, and if so, based upon what grounds? In a uncomplicated case (i.e. no grounds for either parent being unfit) is the primary parent usually the mom?

Thanks for your previous responses, IB and MSM.

LD

[MySonsMom]

Joint custody is very easy to obtain by the non custodial parent. Courts prefer to grant joint custody whenever possible. Joint custody simply means that the non custodial parent may be involved in major decisions about the child(ren) when applicable, and can access any and all records about the child(ren) without the custodial parents consent. The big issue regarding custody is who is granted physical custody; which also means the custodial parent. Now as far as who initially gets physical custody of the child(ren). *Normally* it will go to the Mother *IF* there are no concerns on the Fathers end. Unless the child(ren) would be better off in the Father's care. It's a toss up based on evidence and concerns on both ends.

Now my opinion...I feel that if a Mother cares for the child(ren) adequately (in other words..is a good Mom) then I feel that the children should always be with the Mother, unless proven otherwise. I know there are times when the child(ren) are best with the Father or someone else; but if the Mom is a good Mom then I think the child(ren) should always be with her...Just my 2 cents.

------------------
*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-