Before a parent enters any agreement for custody or placement of a child, he/she should consider whether there is any possibility that the other parent will move out of state. If so, that concern should be addressed in the agreement. The reason for this is because there is a presumption that the parent with greater placement will be allowed to move with the child out of state. What that potentially means is that, even if one parent has 51% of the placement time, the presumption would apply. In such a case, agreeing to even a slightly unequal placement schedule could have serious consequences later. If equal placement is not an option, then the agreement should include a statement that the child should not relocate, or that it is not in the child’s interest. Although a statement like that is not always enforceable, it does show the parents’ intentions if one later tries to move to a new state. In my opinion, cases involving relocation of children are the most difficult because there is little room for compromise. A parent facing this issue must retain an experienced family lawyer because the stakes are so high.
I have been representing families in divorce for almost 30 years. I would be glad to discuss your concerns with a no cost, no obligation consultation. Should you be in the need of a divorce attorney whether for divorce or post-divorce matters please contact Attorney Mark L. Krueger in the Baraboo area at (608) 356-3961, Madison area at (608) 824-9540 or Statewide at (866) 455-2993. Please feel free to email at mark@kh-law.net and check out our website at https://khtlawyers.com. Remember, at Krueger Hernandez & Thompson SC we listen, we care, we get results!
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