Brazil & Benske, LLC

What is the process for moving with a child after a divorce?

If you are a divorced parent who wants to move with your children to a different home, there are certain legal steps you must take. Wisconsin has strict regulations that cover relocating with children after a divorce. There were several updates to the law in 2018 that changed some of the relocation requirements and streamlined the legal process to make it easier for both parents.

The State Bar of Wisconsin provides information about how family relocation works for both parents. If you want to move with your children more than 100 miles away from your current residence, the first thing you must do is file a motion requesting the court's permission to relocate. Your motion has to include specific information: the proposed date of the move, where you want to live, why you want to move and a new placement schedule (if necessary). You must also provide the motion to your ex-spouse. He or she has the right to object to your move any time up to five days before the court hearing. This court hearing should occur within 30 days after you submit your motion.

There are several factors that may affect whether a court approves your relocation request. If your ex-spouse does not appear at the hearing to file an objection, the court may simply approve your proposed relocation plan. However, if your ex-spouse objects to your move, he or she must provide the reasons to the court. The court may order you and your ex-spouse to try mediation to resolve the issue. If that does not work, the court will determine whether you may relocate. The main focus is reaching an agreement that is best for your children.

This information about relocation is intended to educate and should not be interpreted as legal advice.

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