My question involves a child custody case from the State of: Wisconsin
I [petitioner] have recently been informed that my ex-wife [respondent] (non-custodial parent) is intending on moving out of state (Colorado). I am working to understand what is "reasonable" from a visitation standpoint in response to this change. It is likely that she will not agree (she wants all summer with us splitting travel costs), however; I want to make sure that I am on "fairly" solid ground with my plan.
Currently my MSA states that we share Joint Legal Custody and that I will have primary placement. The Specific text is as follows:
Physical Placement
E. Physical placement is defined under 767.001(5), Wis. Stats., as the condition under which a party has the right to have the child physically placed with that party and has the right and responsibility to make, during the placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.
F. The petitioner shall have primary placement of the minor child. The respondent shall have placement with the minor child at reasonable times and with reasonable notice to the petitioner. Specific placement shall be worked out between the parties with a view toward providing continuity, predictability, and stability in the life of the minor child. Periods of vacation shall be mutually agreed upon by the parties.
Additionally there is a Variable Expense provision that states:
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My intent is to develop a plan that meets the "Reasonableness" clause. The only resource I found was from Wood County in Wisconsin (I am in Waukesha County): http://ift.tt/2bhfsoc
Key excerpts from this document are as follows (note that my son is in the second grade currently):
Section II.A.4 -- "School Age (mandatory kindergarten until age 18): five weeks (alternating weekly). Said five weeks of Extended Placement are in the place of Regular Periods of Physical Placement as described above."
Section II.A.5 -- "For Children who have started 6th grade through age 18: Any portion of the Extended Placement periods are not to be exercised if they conflict with the normative developmental activities that the child would otherwise be expected to engage in. Said normative developmental activities include, but are not limited to, the child’s employment, social activities, summer school, involvement in sports, camps, etc. For those portions of the weeks that the non-primary caretaker cannot accommodate the child’s involvement with said normative developmental activities, the child’s involvement in said activities shall take precedence over what would have otherwise been the non-primary caretaker’s placement."
My thoughts are a plan would work as follows (focusing on reasonableness clause)
My ex will have physical placement from the Friday after the last week of school through Sunday of the third week in July (for 2016 that would be July 17) [ this will give her 5 weeks]
We would alternate Spring Break with her having placement on even numbered years.
All travel expenses for the child will be paid by her [my reasoning here is that she is the one choosing to move away, therefore she should be incurring the travel cost burden -- I don't believe that this would fall under the "variable cost" clause I put into the MSA]
While I realize that this is less than the time she currently spends with my son (typically she has him 2-3 weekends a month right now); with her moving I don't see how she gets to equivalency, however; she would be welcome to weekend placement during my times of placement as long as she was responsible for all travel costs (ie if she wanted to fly back into the state during the school year and wanted him for a weekend that would be fine). This plan also should be maintainable 4 years from now when he hits the sixth grade (guideline above) as most school activities (sports, etc) don't start until August.
To conclude I have 3 questions:
1. Does this meet the reasonableness test?
2. Can I push to have her cover travel costs or do I need to cover those under the "Variable Expenses" clause?
3. Do I give up any rights by granting her 5 consecutive weeks of overnights?
Thank you for your responses.
I [petitioner] have recently been informed that my ex-wife [respondent] (non-custodial parent) is intending on moving out of state (Colorado). I am working to understand what is "reasonable" from a visitation standpoint in response to this change. It is likely that she will not agree (she wants all summer with us splitting travel costs), however; I want to make sure that I am on "fairly" solid ground with my plan.
Currently my MSA states that we share Joint Legal Custody and that I will have primary placement. The Specific text is as follows:
Physical Placement
E. Physical placement is defined under 767.001(5), Wis. Stats., as the condition under which a party has the right to have the child physically placed with that party and has the right and responsibility to make, during the placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.
F. The petitioner shall have primary placement of the minor child. The respondent shall have placement with the minor child at reasonable times and with reasonable notice to the petitioner. Specific placement shall be worked out between the parties with a view toward providing continuity, predictability, and stability in the life of the minor child. Periods of vacation shall be mutually agreed upon by the parties.
Additionally there is a Variable Expense provision that states:
Any reasonable expense over $200, including school fees and books, for the benefit of the minor child, shall be paid by the petitioner
----
My intent is to develop a plan that meets the "Reasonableness" clause. The only resource I found was from Wood County in Wisconsin (I am in Waukesha County): http://ift.tt/2bhfsoc
Key excerpts from this document are as follows (note that my son is in the second grade currently):
Section II.A.4 -- "School Age (mandatory kindergarten until age 18): five weeks (alternating weekly). Said five weeks of Extended Placement are in the place of Regular Periods of Physical Placement as described above."
Section II.A.5 -- "For Children who have started 6th grade through age 18: Any portion of the Extended Placement periods are not to be exercised if they conflict with the normative developmental activities that the child would otherwise be expected to engage in. Said normative developmental activities include, but are not limited to, the child’s employment, social activities, summer school, involvement in sports, camps, etc. For those portions of the weeks that the non-primary caretaker cannot accommodate the child’s involvement with said normative developmental activities, the child’s involvement in said activities shall take precedence over what would have otherwise been the non-primary caretaker’s placement."
My thoughts are a plan would work as follows (focusing on reasonableness clause)
My ex will have physical placement from the Friday after the last week of school through Sunday of the third week in July (for 2016 that would be July 17) [ this will give her 5 weeks]
We would alternate Spring Break with her having placement on even numbered years.
All travel expenses for the child will be paid by her [my reasoning here is that she is the one choosing to move away, therefore she should be incurring the travel cost burden -- I don't believe that this would fall under the "variable cost" clause I put into the MSA]
While I realize that this is less than the time she currently spends with my son (typically she has him 2-3 weekends a month right now); with her moving I don't see how she gets to equivalency, however; she would be welcome to weekend placement during my times of placement as long as she was responsible for all travel costs (ie if she wanted to fly back into the state during the school year and wanted him for a weekend that would be fine). This plan also should be maintainable 4 years from now when he hits the sixth grade (guideline above) as most school activities (sports, etc) don't start until August.
To conclude I have 3 questions:
1. Does this meet the reasonableness test?
2. Can I push to have her cover travel costs or do I need to cover those under the "Variable Expenses" clause?
3. Do I give up any rights by granting her 5 consecutive weeks of overnights?
Thank you for your responses.
Custody and Visitation Issues: Non-Custodial Parent Moving Out of State - Reasonable Times and Notice
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