West Bend, WI asked in Family Law and Child Custody for Wisconsin

Q: If my husband & I decide to 50/50 placement am I able to move 20 miles away? I currently have primary placement.

I’m currently & have been a stay at home mom for 5 years & have primary placement. He wants to do 50/50 but his job is extremely demanding...for example this week he was supposed to have dinner with my 2 girls both tues & thurs evening & have them this weekend for 2 overnights. He can’t & has to work. this happens often. He already has proven to be unable to take the kids on his court ordered days with having 80/20 placement. Now He is demanding 50/50 placement & that I stay within 5 miles of him so he has a place to drop the kids off when he gets called in to work at 2am or has to work all of his mandatory overtime, which is a lot. This way he only pays 50/50 child support & gets free childcare in order to make extra money during his court ordered time with the children. I’m trying to put my children first & know 50/50 is what’s best, but at what cost? I can’t even afford to live in the same town as him. 15-20 miles north I can comfortably afford a place. Is it within my right to move

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1 Lawyer Answer
Jane E. Probst
Jane E. Probst
  • Divorce Lawyer
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: If you currently have primary physical placement, the current Order is still in full force and effect until modified by a Court Order. If the initial placement Order has been in full force and effect for more than two years, he has to prove that there has been a substantial change of circumstances since entry of the initial Order and that the change is in the best interests of the children. If the Order is less than two years old, he needs to prove that the current custodial conditions are harmful to the best interests of the children. You have a strong argument that he does not even take the time offered. Also, fifteen to twenty miles is not too far away to have shared physical placement. It sounds as though he is more concerned as to his convenience as opposed to the best interests of the children.

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