Can I Relocate With My Child After a Wisconsin Divorce?

 Posted on July 22, 2024 in Family Law

Wisconsin law respects the rights of both parents to be part of their child’s life. When parents get divorced, therefore, they cannot make unilateral decisions that limit each other’s access to the child. If both parents have physical custody — what Wisconsin law refers to as "placement" — one parent cannot decide on his or her own to relocate with the child if it impacts the other parent’s placement rights.

However, sometimes things happen and life circumstances change. A parent may need to relocate for work, for example, or to care for an ailing family member. The law recognizes this and prescribes a legal process for parents to follow if they want to relocate with their children. Discuss your relocation needs with a Wisconsin child custody lawyer who can assist you with the legal process.

Can I Relocate With My Child?

If you want to relocate with your child, there are two questions that first need to be asked:

• How far apart do you and your co-parent currently live?

• How far apart from your co-parent will the child be if you relocate?

If you and your co-parent live more than 100 miles apart and you want to move farther than that, you need to serve the other parent notice of the relocation at least 60 days before the move. The notice must include the new address and the moving date.

However, if you and your co-parent live within 100 miles of each other and your new residence will take the child more than 100 miles from the other parent, you must first file a motion with the court to ask permission.

What Does the Motion Need to Say?

To ask permission from the court to relocate with your child, you need to file a Notice of Motion and Motion to Relocate with Minor Children with the county clerk. Under Wisconsin law, the motion needs to include the following:

• The address of your proposed residence, including the county

• The date of the proposed relocation

• The reason for the relocation

• A new placement schedule proposing how you and your co-parent will divide placement time with your child during the school year, vacations, and holidays

• How much it will cost each parent to transport the child between your co-parent’s residence and your new residence according to the proposed placement plan

When you file the motion, you must serve a copy to your co-parent. A court hearing will be scheduled within 30 days and your co-parent will have until five days before the hearing to file an objection to your relocation.

Contact a Waukesha County, WI Child Custody Lawyer

Once you file a motion to relocate, the court must approve your relocation. The judge will not do so if he or she feels the move is not in the child’s best interests. Make sure you have an experienced attorney representing you when you plan a relocation. Contact the attorneys at Bucher, Wolff & Sonderhouse, LLP for excellent legal representation and outstanding customer service. Call 262-232-6699 to schedule a free consultation with a Milwaukee, WI child custody attorney today.