Summary
Moving during a custody battle and home evaluation can complicate the situation. Courts may view it as limiting the other parents access, negatively impacting custody decisions. In Wisconsin, a parent intending to move more than 100 miles must notify the other parent and the court at least 60 days prior. In Wyoming and South Dakota, written notice is required, and the court will consider the childs best interests. Not having a job or stable living situation can reflect poorly on the moving parent. Private schools can revoke enrollment under certain conditions, while public schools in Wisconsin generally cannot unless theres a material change in circumstances. Partial custody in Wisconsin implies less than 50% physical custody, with various factors considered by the court.Full Conversation
If someone is in a custody battle and in the middle of a home eval, is it wise for them to move *+ hours away from where they currently live and their ex-spouse?
Hello Nick, moving during a custody battle and home evaluation can potentially complicate the situation.
- The court might see it as an attempt to limit the other parent's access to the child, which could negatively impact the custody decision.
- The home evaluator's job is to assess the child's current living situation, moving could disrupt this process.
Please consult with your attorney before making major decisions.
If there is only partial custody, would the court allow one parent to make a move like that? If yes, what would parent moving have to prove to be able to make the move?
In Wisconsin, the parent intending to move must:
- Notify the other parent at least 60 days prior to the move.
- Provide a reason for the move and a proposed revised visitation schedule.
- If the other parent objects, a court hearing will be required.
- The court considers the child's best interests, among other factors.
What about in Wyoming?
In Wyoming, the parent intending to move must:
- Provide written notice to the other parent as soon as possible.
- If the other parent objects, they can petition the court.
- The court will consider the best interests of the child when making its decision.
What about in South Dakota?
In South Dakota, the parent intending to move must:
- Provide written notice to the other parent as soon as possible.
- If the other parent objects, they can petition the court.
- The court will consider the best interests of the child when making its decision.
Would not having a job or place to live yet reflect poorly on the parent planning to move?
In most cases, the court may view not having a job or a stable place to live as potentially harmful to the child's best interest. A stable living situation and financial security are key factors considered in child custody decisions.
Is a private school allowed to refuse enrollment after they have already granted it?
Yes, private schools generally reserve the right to deny enrollment under certain conditions, even if they initially granted it. However, the specific circumstances and the terms of enrollment agreement are key in understanding the legality of such actions.
Can a public school deny enrollment after they have already granted it?
In Wisconsin, public schools generally cannot deny enrollment after it has been granted, unless there has been a material change in circumstances. This could include moving out of district or falsifying enrollment information. However, the specifics can vary. Always consult with a local education attorney for advice tailored to your situation.
Can a private school in wisconsin revoke enrollment after granting it?
Yes, in Wisconsin, a private school can revoke enrollment after granting it under certain circumstances. These could include violations of school policy, non-payment of tuition, or if the student's behavior poses a risk to others. Always refer to the school's enrollment agreement for specifics.
How far away is a parent allowed to move if they have only partial custody?
In Wisconsin, a parent intending to move more than * miles away from the other parent must notify the other parent and the court at least 60 days prior. If the other parent objects, a court hearing may be required. This rule applies regardless of custody arrangement.
In Wyoming, how far away is a parent allowed to move if they have only partial custody?
In Wyoming, there isn't a specific distance limit for moves. However, if the move disrupts the current visitation schedule, the nonmoving parent can petition the court. The court will then determine if the move is in the best interest of the child.
How does partial custody work?
In Wisconsin, partial custody often implies that one parent has less than *% of physical custody or visitation rights. The specifics depend on the court's order and can vary. Factors considered for partial custody include:
- The child's relationship with each parent
- The child's age and health
- Each parent's ability to care for the child
- The child's adjustment to home, school, and community.
This is general information and may not apply to all situations.
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