A family lawyer explains the Wisconsin Relocation Statute and the step-by-step process for obtaining approval to move with your child.
“Am I stuck living in the same town because of my legal custody and physical placement orders?”
“I want to move out of Wisconsin…is that even allowed?”
It is natural for parents to feel overwhelmed when considering a move. This is especially true when child custody and placement orders are involved. As a Wisconsin family law attorney, I frequently hear these questions and concerns from clients who would like to move, but are unsure of the impact it will have on their family. The good news is, relocation is possible in many cases and can be accomplished with the proper legal education and the guidance of an experienced family law attorney.
Wisconsin Relocation Statute — 767.481
Wis. Stat. 767.481 outlines the specific procedure to follow if you wish to move with your child. It is crucial that a parent follows this procedure, because if they do not, their move will not be approved by the court. An examination of this statute will help direct what steps, if any, must be taken by the moving party.
When Would the Statute Apply?
Before discussing the outlined requirements for relocating in Wisconsin, it is important to understand when this statute applies. The Wisconsin Relocation Statute only applies if you are a parent with periods of physical placement planning to move more than 100 driving miles from the other parent.
The statute does not apply if…
- The moving party already lives more than 100 miles from the other parent.
- The moving party intends to move, but less than 100 miles from the other parent.
- The party intends to move, but not take the child with them.
Important Note: Just because the relocation statute does not apply, this does not mean a parent can simply move without notifying the other parent or considering the impact on current custody and placement orders. Depending on the specific circumstances, there may be other requirements to consider. Future blogs will discuss how parents can navigate these specific circumstances.
Relocation Statute Procedure
Step #1: File Motion saying Intent to Move and must provide specific details of move, including…
- The date of the proposed relocation.
- The city and state you intend to move to.
- The reason you are moving.
- A proposed placement schedule for the child if the move is approved, including school year, summer, and holiday placement
- How transportation costs will be allocated between parents if the move is approved by the Court.
Step #2: Service of Motion on a non-moving party is required.
The relocation motion must be filed with the Court and served upon the other parent by mail at the most recent address on file with the court. If the moving party has actual knowledge of a different address, then the motion must be served by mail to both addresses.
Step #3: The Court will hold a hearing within 30 days of the motion being filed.
- Both parties are required to appear at the initial hearing.
- If the non-moving parent is properly served and does not appear at the initial hearing, the Court will approve relocation if it is in the child’s best interest.
- If the non-moving parent appears and has no objection to the move, the Court will approve relocation if it is in the child’s best interest.
–> If the non-moving parent files an objection prior to the initial hearing or appears at the hearing and objects to the move, the Court will order the following:
- First, parties attend mediation to attempt to resolve the matter without court intervention.
- Mediation is a confidential, problem-solving process which can help couples come to an agreement on issues involving their family law matters.
- The Court will also appoint a Guardian ad Litem to investigate the matter and make a recommendation whether the proposed move is in the child’s best interest.
- Finally, the Court will schedule a contested hearing within 60 days in the event an agreement is not reached in mediation or after receiving the Guardian ad Litem recommendation.
- Please note – the Court has the authority to make a temporary order approving the move, subject to revision at the final hearing. The Court must find the move is in the child’s immediate best interest to approve such a temporary order. This means that a parent is allowed to move with the child, however it is a temporary decision and could be revised at the final hearing.
Court Decisions on Relocation
All contested relocation motions and related motions for modification of legal custody and physical placement are decided based on the best interest of the child. If the proposed relocation only minimally changes the placement schedule or does not affect the current schedule, then the Court is required by law to approve of the relocation.
There is a presumption toward approving the relocation plan if the non-moving party has not significantly exercised their court-ordered placement. There is also a presumption toward approving the relocation if the move is related to domestic abuse.
Final Thoughts
Moving with your child can be an exciting opportunity for your family and an important step toward creating the life you have always envisioned. While the relocation process may seem overwhelming, you do not have to go through it alone. An experienced family law attorney can help you better understand your options and ensure that the correct steps have been completed to obtain court approval.
Understanding the law and the proper process to follow is crucial in relocation cases. If you have any additional questions or would like to learn more about your options, we invite you to contact HKK Law Offices. Our attorneys are available to meet by phone, video conference, or in person at our offices in Sheboygan, Mequon, and Random Lake.
For more educational family law and estate planning content, check out our TikTok, YouTube, Instagram, Facebook, and LinkedIn platforms.
Disclaimer: This article is provided for general educational purposes only and should not be considered legal advice. Reading this article does not create an attorney-client relationship. Because every situation involves unique facts and circumstances, you should consult a qualified attorney regarding your specific legal needs.
The post Can I Move Out of State With My Child After a Divorce? appeared first on HKK Law Offices.