As Milwaukee divorce attorneys, we deal with a lot of child custody issues. A common question that comes up is related to Wisconsin child custody laws and moving out of state. Are you allowed to move out of state if you have custody of your children? What if your ex-spouse wants to move out of state?
Here’s what you need to know.
Wisconsin Child Custody Laws: Moving Out of State
Under Wisconsin law, you have to go through a certain procedure to move out of state. If you intend to relocate and live more than 100 miles from your kids’ other parent, you’ll have to file a motion with the court to ask permission first. You can’t just pack up and go.
Your child custody attorney can file the motion that contains all the essential information, including a relocation plan that outlines:
- The date you want to move
- Where you’re moving
- Why you’re moving
- A new placement schedule
- Who will be responsible for costs for transportation of the children for the new placement schedule
Your attorney can have a copy of the motion served on your children’s other parent, and you may have to attend a hearing within 30 days of the motion being filed with the court. You cannot relocate the children before the initial hearing.
What if the Other Parent Objects?
Under Wisconsin child custody laws, moving out of state requires the other parent to agree or for one parent to prove why the relocation is necessary. If the other parent objects, he or she must file an objection within 5 days.
The court will make a determination on whether the proposed move is in the kids’ best interests. In some cases, the judge will refer the parents to a mediator, appoint a guardian ad litem or schedule another hearing.
Do You Need to Talk to a Lawyer About Wisconsin Child Custody Laws and Moving Out of State?
If you need to talk to a custody lawyer about moving out of state, we may be able to help you. Call 414-383-6700 for your complimentary consultation with an experienced Milwaukee family law attorney now.