Can I Move With My Child After My Wisconsin Divorce?

 Posted on November 16, 2020 in Family Law

There are many reasons why a person would want to move after his or her divorce is finalized. In many cases, people move because they want to be closer to family members, to be closer to a job, or just to get a fresh start. Whatever the reason may be, it is important to understand that Wisconsin parents cannot just move and take their children with them, even if they have been awarded primary custody of their kids. Wisconsin laws have a set procedure that parents must follow if they wish to move with their children and those laws must be followed, otherwise, they could end up facing consequences.

Filing a Motion for Relocation

In the state of Wisconsin, all parents who wish to move 100 miles or more away from the child’s other parent must also file a notice with the court. This notice should contain the following information:

• The date of the proposed relocation

• The state and municipality of the new residence

• The reason the parent wants to relocate with the child

In addition to this information, the parent who intends to relocate with the child must also submit a new proposed schedule that details placement for the school year, summer, and the holidays as well as the cost allocation and responsibility for the transportation of the child between households.

If the other parent objects to the relocation, he or she must file an objection no later than five days before the hearing and include any changes to the proposed placement schedule that the other parent submitted.

Attending the Hearing

Once the motion has been filed with the court, a hearing will be scheduled within 30 days. If the objecting parent does not appear in court, the court will approve the relocation and parenting schedule submitted by the relocating parent. If the objecting parent does appear, the court can do a number of things at the initial hearing. It can refer the parents to mediation, appoint a guardian ad litem for the child, or set another hearing to be held within 60 days to discuss the matter further. All decisions are made in the best interests of the child and the court uses a variety of factors to make the final determination.

Contact a Waukesha County Divorce Attorney Today

Most issues concerning the children can be very emotional, especially when it comes to something as significant as relocating with a child. At Bucher, Wolff & Sonderhouse, LLP, we understand how important your child is to you. We will work to protect you and your child’s rights throughout the relocation process. To schedule a free consultation with one of our skilled Menomonee Falls child custody lawyers, call our office today at 262-232-6699.

Source:

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