A Wisconsin parent cannot simply decide to pack up and move with his or her child if that child is subject to a custody order. This is true even if the court has awarded this parent primary custody. After all, the parent who doesn’t want to move has rights too.

Thankfully, Wisconsin law expressly outlines the process and procedures that a parent must follow if he or she wishes to move with a child, or, alternatively, stop another parent from relocating with the same child. As with most child custody matters, however, these laws can be quite complex and difficult to navigate without experienced legal guidance.

The child relocation process in Wisconsin

Under Wisconsin law, a child’s parent must notify the other parent if he or she wishes to:

  • Move outside of Wisconsin and establish a legal residence with the child in another state
  • Move within Wisconsin and establish a legal residence that is 150 miles or more from the other parent
  • Take the child outside of Wisconsin for more than 90 straight days

Specifically, this notice must be provided to the non-relocating parent at least 60 days before the proposed move, and it must be sent by certified mail. In addition, the notice must outline the day and location of the move as well as inform the non-relocating parent that he or she has a right to object to the relocation – although the non-relocating parent must make his or her written objection within 15 days of receiving the relocation notice.

Once the parent who wishes to relocate receives the other parent’s objection, he or she typically cannot move with the child until the dispute is resolved, but only if the objection reaches him or her within 20 days after sending the original notice of relocation.

With every relocation dispute, the court will first send the parents to mediation so they can attempt to resolve their issues on their own. But, if the parents cannot come to an agreement within 30 days, the court will have to step in and resolve the dispute for them.

How does the court decide issues of child relocation?

Depending on the child custody arrangement in place, the court may apply very different standards when deciding whether to allow a child’s relocation.

For instance, if the parent who is proposing the relocation has sole legal or joint legal custody of the child, and the child lives with this parent a majority of the time, the objecting parent can seek to stop the child’s relocation by modifying the existing custody arrangement or physical placement of the child.

However, under these circumstances, a court will only grant a modification to custody or placement if the modification is in the child’s best interests and the court finds that the move will result in a substantial change in circumstances since the last custody order was put into effect.

Alternatively, the non-relocating parent can simply ask the court to prohibit the child’s relocation – as opposed to requesting an all-out modification to custody or placement. In such cases, the objecting parent must simply show that prohibiting the move is in the best interests of the child.

Whether modifying custody or outright prohibiting a move, however, the court will examine several of the same factors, including:

  • Whether the purpose and reasons offered for the proposed move are reasonable
  • The existing relationship between the child and the non-relocating parent, as well as the possible disruption to this relationship if the move is permitted
  • The possibility of alternative arrangements that would promote and encourage the child’s relationship with the non-relocating parent

Lastly, if the parents have joint legal custody and share equal physical placement of the child, the court may elect to modify the custody or placement arrangement in place, but only if it finds that the proposed move will make it unfeasible to continue to the shared placement, and the modification is in the child’s best interests. When making this determination, the court will consider the same three factors mentioned above.

Sound legal guidance is always advisable

As the information above clearly illustrates, child relocation disputes can be quite complex, which is why it is best to seek experienced legal representation.

Contact Magner, Hueneke & Borda, LLP, in Milwaukee today to learn how we can help you with your child relocation issues.