The State of Wisconsin has recently updated its laws and procedures regarding how a parent is to obtain a court’s approval to relocate with a child that is subject to an order granting periods of physical placement to both parents, as well as the procedures that a parent opposing such a move will have to follow. The new procedures are outlined in Wisconsin Statutes Section 767.481, and important features of the new law include:
-A moving parent must now seek court approval by filing a motion to move a child more than 100 miles from the other parent, rather than 150 miles as the law had been previously written (unless the parents already live more than 100 miles apart). This distance threshold applies whether or not the moving parent is moving out of state with the child.
-A parent objecting to a proposed move must file and serve, at least 5 days in advance of the initial hearing, an objection to the proposal and any alternate proposal that he or she may have.
-The court will schedule an initial hearing within 30 days after the motion has been filed. If a parent is objecting to the proposed move, the parents will likely be referred to mediation, and a guardian ad litem will be appointed by the court to conduct an investigation if the parents still cannot agree after the mediation process. A final hearing on the matter will then be held within 60 days, and the court may issue a temporary order to allow a child to be moved pending the final hearing if the court determines that the move is in a child’s best interest.
If you have questions regarding placement and child custody, please call Petit & Dommershausen at (920) 739-9900 for a free consultation with an experienced family law attorney.
DECLARATION OF PATERNAL INTEREST
Don’t let your parental rights be terminated without your knowledge!!
Do you believe someone you slept with could be carrying your child? If so, do you want to be notified if the mom is making the important decision to give the child up for adoption? If the answer is yes, you must file a declaration of paternal interest which can be found at: https://dcf.wisconsin.gov/files/forms/pdf/0019a.pdf
This declaration can be filed as soon as you suspect a child could have been conceived but it must be filed either 1) before the birth of the child 2) within 14 days after the birth of the child or 3) if the possible father receives notice under Wisconsin Statute 48.42(1g)(b) that the mother of a child under the age of one is seeking to voluntarily terminate her parental rights and has identified him as the father.
If it is not filed, any potential father’s rights could be terminated and the child could be placed for adoption with only a tiny notice published in a local paper!
This filing is confidential and can only be used by children’s court proceedings.
Filing a declaration of paternal interest does not establish parental rights to a child. The potential father will need to take further action to establish and protect his rights and responsibilities as a father!!
Need help?? Contact Petit & Dommershausen today at 920-739-9900!
With three convenient locations in Oshkosh, Appleton and Green Bay. We serve all of Northeast Wisconsin including Outagamie, Winnebago, Waupaca, Calumet, Brown, Oconto, Marinette and Fond du Lac counties.
I have had many parents ask me why they have to participate in mediation. They often explain that they have not been able to reach an agreement with their child’s other parent on their own, and therefore mediation just won’t work. What those parents don’t realize, and what I explain to them, is that Wisconsin’s family court laws have made mediation the required first step. Wisconsin Statute 767.405(5) directs that a court must refer parents with placement and custody disputes to their county’s mediation program. In addition, parents are required to attend a parenting class, which usually doubles as the mediation orientation session. The focus of this programming is often related to co-parenting communication and explanations of how the mediation process works. Though you should not agree to any custody arrangements you can’t deal with for at least a couple years, most of the local counties have very high rates of successfully getting parents to an agreement. There are only limited circumstances in which you can bypass the mediation process and proceed directly to a GAL (guardian ad litem).
Continue reading Do I have to go to mediation? And why do I have to take a parenting class first?