Can You Move Out of State With Your Kids During Divorce - Wisconsin Custody Lawyer

By Carlos Gamino

If you’re like many parents going through a divorce, you have plenty of questions about custody and placement—particularly if nothing has been settled in court.

Sometimes, parents with a very small support system (or, in some cases, no support system at all) want to know whether they can move out of state with their children during the divorce so that they can be nearer to family and others who can provide the help they need.

Unfortunately, the answer isn’t always simple.

Can You Move Out of State With Your Kids During Divorce?

If you’re in the middle of divorce proceedings, you’ll need to talk to your Wisconsin divorce attorney about whether you’re allowed to move out of Wisconsin and into another state. Because the court hasn’t made any decisions in your case, it can be complicated.

Your lawyer will probably advise you to stay put until the court has time to evaluate what’s in your kids’ best interest. Under no circumstances should you pack up and move without discussing the issue with your attorney first.

Can You Move Out of State With Your Kids After a Divorce?

If you have physical placement of your children and they’re living with you after your divorce, you’ll still need to send a notice to your children’s other parent by certified mail if you intend to move more than 150 miles away. If the other parent objects, the court will order mediation; if you don’t reach an agreement during mediation, the court will appoint a guardian ad litem.

Because a move that’s less than 150 miles away can still disrupt your parenting time schedule, the court is legally able to change the schedule or order that your children stay with your ex if you move. Ultimately, the court’s job is to look out for what’s best for your kids.

Do You Need to Talk to an Attorney About Custody and Placement?

If you need to talk to a Milwaukee child custody lawyer, call us immediately at 414-383-6700 for your free custody case evaluation. We’ll be more than happy to look at your case and determine what we can do to help.

Carlos Gamino