Wanting to move after a divorce is understandable. A new job, family support or a fresh start can all be compelling reasons. However, when children are involved and a placement order is in place, relocation is not simply a personal decision.
Wisconsin law sets specific rules for when and how a parent can move with a child, and ignoring them can have serious consequences.
How the relocation process works in Wisconsin
If you have a court-ordered placement schedule, you cannot simply move with your child. Wisconsin law requires a formal process any time you plan to move 100 driving miles or more from the other parent, whether within the state or out of it.
What that process looks like depends on how far apart you and your co-parent currently live. If you live within 100 miles of each other, you must formally ask the court for permission to move. Your child cannot be relocated while that request is pending, and the court will set a hearing date within 30 days.
If you already live more than 100 miles apart, you must send the other parent a written notice by certified mail no fewer than 60 days ahead of your planned move, including the date and location of your planned move. The other parent then has 15 days to file a written objection, and if they do, the move stops until the court resolves the matter. In either case, you may be referred to mediation before a hearing.
What Wisconsin courts consider when deciding a relocation request
The burden of proof falls on you as the parent requesting the move. You must show the relocation serves your child’s best interests. Courts look at your relationship with the child, the reason for the move, whether a workable placement schedule can be maintained, and whether the move improves quality of life for both you and your child.
The court can deny the request or modify your placement arrangement if it finds the move does not serve your child’s best interests.
What to do if you are planning to relocate with your child
Starting the legal process early gives you the best chance of a smooth outcome. Come prepared with a clear reason for the move and a realistic proposal for how placement will work afterward. Demonstrating that you support your child’s relationship with the other parent can also strengthen your position.
Speaking with a Wisconsin family law attorney before taking any steps can help you understand what the court will focus on and how to present your case effectively.
