Brazil & Benske, LLC

Relocating with kids after a Wisconsin divorce

Like others in Wisconsin who get divorced, you may find yourself wanting to move to pursue new job opportunities, to be closer to family or just to achieve a fresh start. As a parent, however, you cannot just pack up and go if your child is subject to a custody order. We at Brazil & Benske LLC understand the state’s procedures for relocating with minor-aged children and have guided many parents through the process of obtaining legal permission for a move.

Under Wisconsin state law, you will need approval from the court if you have shared custody of your child and you plan to move 100 miles or more from his or her other parent. This is the case provided you were not already living 100 miles or more apart at the time of your most recent custody order.

In order to get permission to relocate, you must file a motion with the court. Your petition for relocation should specify when and where you are planning to move. Additionally, you should explain the reason why you wish to relocate and include your proposal for a modified visitation schedule.

Your child’s other parent is afforded the opportunity to object to your request. The court holds an initial hearing within 30 days of your filing in order to review your petition and hear the other parent’s objection, if he or she chooses to do so. If necessary, a final hearing is held within 60 days to make a determination on the matter. In deciding whether to grant you permission to move, the court considers several factors. This includes you, the other parent and your child’s preferences; your child’s age and developmental needs; the existing parent-child relationships; and your willingness to foster an ongoing relationship between your child and his or her other parent.

More information on child custody arrangements is available on our web page.

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