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Moving Out of State with Child: No Custody Agreement in Wisconsin

Are you planning to move out of Wisconsin with your child but aren`t sure what to do since there is no custody agreement in place? Moving out of state with a child can be challenging, especially when there is no custody agreement or court order in place. Here`s what you need to know:

The first thing you should do is try to reach an agreement with the other parent. If you can work out an agreement with the other parent, it will make the move much smoother. Discussing the move with the other parent allows them to understand why you are moving and how it will affect them and the child.

If you cannot reach an agreement with the other parent, you will need to obtain a court order. The court order will establish custody and visitation rights and will outline each parent`s responsibilities and obligations.

It is important to note that Wisconsin law places a priority on the best interests of the child. A judge will consider the child`s needs and preferences when making a decision about custody and visitation.

In Wisconsin, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child`s life, including education, religion, and medical care. Physical custody refers to where the child lives and spends their time.

If you are seeking to move out of state with your child, you will need to file a motion with the court. The court will then hold a hearing to determine whether the move is in the child`s best interests. Factors that the court will consider include:

– The reason for the move

– The impact of the move on the child`s physical, psychological, and emotional well-being

– The child`s relationship with each parent

– The child`s age and development

– The availability of alternative arrangements for the child to maintain a relationship with the non-moving parent

In some cases, the court may appoint a guardian ad litem to represent the child`s interests during the hearing. The guardian ad litem will conduct an investigation and make recommendations to the court.

Moving out of state with a child can be complicated, especially when there is no custody agreement in place. It is important to work with an experienced family law attorney who can help guide you through the process. An attorney can help you understand your rights and responsibilities, negotiate with the other parent, and represent you in court if necessary.

In conclusion, if you are planning to move out of Wisconsin with your child and there is no custody agreement in place, it is important to speak with an attorney. An attorney can help you navigate the legal process and ensure that your child`s best interests are protected. Remember, the court`s primary concern is the welfare of the child, so it is important to approach the situation with a focus on what is best for them.