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Some Basic Facts About Wisconsin’s Child Relocation Law.
In Wisconsin, if you’re getting a divorce and must relocate due to a job, family interest, etc., you usually must notify the Wisconsin family court before moving away with your child. This is especially valid if you must move more than 100 miles from the other custodial parent.
When Wisconsin’s family court decides on any parental relocation case, it always considers the child’s best interests, and other factors such as the reasons for your relocation, the impact the move will have on the child’s relationship with the non-relocating parent, and the feasibility of possible alternative arrangements. The court also examines your child’s preferences, health, current relationships, and environmental adjustment.
In 2018, Wisconsin updated its relocation statutes and now explicitly outlines the legal steps a parent must take before moving with their child.
Under these new laws, if you intend to move more than 100 miles from the other parent and share joint legal custody, you must file a Motion to Relocate with the family court. This rule applies even if you move but remain in Wisconsin.
Just a few of the things your motion must include are:
- The date and time frame of your proposed relocation.
- Full details on your new location.
- Detailed reasons why you must move.
- A detailed proposed revised placement and visitation schedule.
- How transportation will be handled to facilitate proper visitation, etc.
Once you and your thorough and experienced child custody lawyer file your motion, the child’s other parent has the right to object. If the other parent does object to the move, the court will schedule a hearing. Usually, it may appoint a “Guardian ad Litem” to precisely represent your child’s best interests. Be aware that until the family court decides, neither parent has the legal authority to move with the child.
Child relocation is always challenging for you and your child, and the court will always do what’s in your child’s best interests. So proper legal preparation and presentation are critical, and the help of an experienced, empathetic, and detail-oriented child custody lawyer is mandatory.
What is the “Best Interests of the Child Standard?”
At the core of Wisconsin’s child custody and support laws is the principle that decisions should always be based on the child’s best interests; this includes all relocation mandates. Wisconsin courts will never automatically favor one parent over another; instead, they apply a multi-factored and detailed analysis to determine the outcome that best benefits the child.
Some of the most critical considerations the court may consider are:
- Overall stability and continuity for the child – Courts prioritize maintaining a consistent and stable environment, including school, friends, community, etc.
- The child’s relationship with both parents – The court evaluates how the move would impact the child’s ability to maintain a meaningful and stable relationship with the non-moving parent.
- Your child’s age and mental development – Younger children may have different needs than teenagers. The courts will factor in these developmental stages.
- Adjustment to their home, school, and community – A critical issue is how well the child is currently adjusted in their current environment compared to the potential new one.
- Both parents’ cooperation and Communication – The family courts will intimately consider each parent’s ability to foster a healthy relationship between the child and the other parent.
Your passionate and involved child custody law team will never focus on relocating parents’ rights in isolation. Alternatively, it will weigh whether the move aligns with what’s best for the child, as the Wisconsin family court will use these same parameters.
What are the Reasons for your move, and Is It Done in Good Faith?
Suppose you’re a Wisconsin parent seeking relocation. In that case, you must show that your move is being proposed in good faith and not intended to interfere with the other parent’s relationship, visitation, or rights.
Just a few of the acceptable reasons the court might approve your relocation might include:
- A career or job opportunity that provides better financial stability.
- Moving closer to your extended family and support system.
- New and better educational opportunities for the parent or their child.
- Remarriage or a new partner residing in another part of the state, etc.
Conversely, suppose the Wisconsin family court believes the move is motivated by hostility toward the other parent or an attempt to alienate the child. In that case, the court will likely deny your request.
Courts may also scrutinize whether the relocating parent has considered rational and reasonable alternatives to the move. Such as finding employment closer to their current home or proposing an equally shared custody arrangement that allows your child to maintain contact with both parents.
Your approachable, responsive, and empathetic child custody lawyer is fully aware of what the court is seeking for your child and has the experience to ensure that your move is rational and presented in the best possible way.
What May the Family Court Do to Offset the Impact on Placement and Possible Long-Distance Parenting Plans?
If the court approves the relocation, the existing placement order must be modified to account for the new circumstances. Wisconsin courts prefer to preserve frequent and regular contact with both parents whenever possible, even in long-distance situations.
Some standard adjustments may include:
- Extended time during summer vacations or school breaks
- Alternating major holidays
- Virtual visitation (video calls, phone contact)
- Travel arrangements (who pays for and coordinates transportation)
Both parents must be flexible and cooperative in creating a workable long-distance parenting plan. Courts may impose additional requirements to protect the child’s emotional and psychological well-being.
Importantly, suppose the relocating parent cannot demonstrate a reasonable plan for maintaining the child’s relationship with the other parent. In that case, the court may deny the motion or even modify custody in favor of the non-moving parent.
I Must Relocate and Alter My Child Custody Agreement; How Should I Proceed?
Parental relocation cases in Wisconsin are never uniform and usually require a unique legal strategy. The outcome depends heavily on the specific facts, the motivations of each parent, and, most importantly, the child’s needs. Whether you are the parent hoping to relocate or the one trying to preserve your placement rights, timing, preparation, and legal representation are critical.
If you face a potential relocation issue, be aware that this process is legally complex and emotionally taxing. You need an advocate who understands Wisconsin family law and can fight for your rights while keeping your child’s best interests at the forefront of this emotional issue.
The child custody lawyers at the HKK Law Offices are experienced and dedicated advocates who will empathetically and responsibly approach the core aspects of your case. Call them today in Random Lake at (920)-782-7757, Mequon at (262)-360-6930, or Sheboygan at 920-635-2992 for a complimentary consultation on your unique case, and they will bring their years of child custody experience to ensure the best outcome for you, your family, and your child.
