During or after divorce, you may want to move to another state with your children. However, Wisconsin law prevents you from doing so except in limited cases.
Can You Move Out of State During Divorce With Kids?
Sometimes you can move out of state during your divorce. In order to get permission to do so, you have to file a motion with the court that includes a relocation plan. If you intend to move more than 100 miles away from the other parent, even if you are staying in Wisconsin, you must also file a motion with the court that includes a relocation plan. Your relocation plan has to include the following information:
- Your proposed move date
- Where you’re going
- Why you want to move with your children
- A new placement schedule (if applicable), which includes placement of your children during the school year, during summer and over holidays
- Each parent’s responsibility for the costs associated with transporting the children back and forth
You don’t have to file a motion if you already live more than 100 miles from your children’s other parent, but you still have to notify him or her about the move. (Your Milwaukee family law attorney can give you case-specific advice on what to do in a situation like this.)
If the other parent chooses to object, he or she must do so more than 5 days before the initial court hearing.
What About the Hearing?
You and your children’s other parent will attend an initial hearing within 30 days of the motion. The court will determine whether it’s in the kids’ best interests to move out of state or more than 100 miles from their other parent.
Are You Thinking of Moving During Divorce?
If you intend to move out of state or more than 100 miles from your children’s other parent, we may be able to help you. Call us at 414-383-6700 to schedule your consultation now.