Can I Move If I Have Joint Custody of My Child in Wisconsin?

 Posted on January 25, 2022 in Criminal Law

When parents become interested in the idea of moving elsewhere, they often have a lot to consider before finalizing their decision and relocating. Parents do not only have themselves to think about. They must also consider how moving might impact the lives of their children. 

While this is true for all parents, adults who have a child custody agreement have a few more details to keep in mind when thinking about moving to a new city, town, state, or country. There are often parameters set in place regarding the relocation of parents who share joint custody of their children. 

Today, we are exploring whether or not a parent with joint custody in Wisconsin can legally move when and where they please.

Wisconsin State Law Regarding Custodial Parent Relocation

Custody agreements legally define parental responsibilities and the amount of time that each parent is expected to allocate towards the care of their child or children. Joint custody entails that two divorced parents share time with their child or children. 

So, if one parent were to move, it could create a situation in which the other parent is not physically able to care for their children when their children are living far away from them, due to their ex-partner's move. To prevent this situation from unfolding, Wisconsin State law does not permit either parent to relocate more than 100 miles away from their place of residence at the time of agreeing to joint custody. 

There are potential exceptions to this law, though if a parent wishes to relocate more than 100 miles away, he or she must seek and obtain approval from the court prior to doing so. This possibility is looked at on a case-by-case basis. 

How To Start the Relocation Approval Process

If you are interested in moving more than 100 miles away from your current place of residence, the state of Wisconsin requires that you file a motion to relocate minor children. Rather than filing this motion in the county in which you currently reside, you will instead file the motion in the county you plan to move to, pending approval. 

Similarly, you may need to file a different type of motion if relocating will result in your child attending a new school upon moving into a different school district. Make note that your former spouse has the right to object to your relocation plan. 

In order to best handle a relocation while sharing joint custody, reach out to a family law attorney who has experience handling relocation and joint custody cases. Experienced lawyers will have invaluable insight and they can minimize any confusion by guiding you with fact-based legal advice. 

Call a Waukesha, WI Family Law Attorney 

To better understand what your options are and how to proceed upon deciding you want to move, contact a Milwaukee and Milwaukee County child custody attorney today. By dialing 262-232-6699 and talking to Bucher, Wolff & Sonderhouse, LLP, you will have the opportunity to schedule a free consultation regarding your move while sharing joint custody. 

Source:

https://docs.legis.wisconsin.gov/statutes/statutes/767/v/481