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Milwaukee Parental Relocation Lawyers
Child Custody Attorneys for Clients in Green Bay, Waukesha, and Throughout Wisconsin
A negotiated child custody and visitation order can be thrown into disarray if the parent with primary custody decides to relocate. While a parent can legally move to a new area, Wisconsin courts may ultimately decide whether a child can move as well. Both parents' rights to a relationship with a child must be weighed, along with what is in the best interest of the child.
Gimbel, Reilly, Guerin & Brown, LLP can help you argue your case for relocating with your child or for preventing your child from moving to a place where it will be difficult to continue visitation.
Relocation Rights
Wisconsin law states that a parent with legal custody of a child must notify the other parent at least 60 days in advance if he or she intends to:
- Move out of the state; or
- Move within the state to a location at least 150 miles away.
Once he or she receives the notice, the other parent has 15 days to object to the relocation. If an objection is filed, the parent and child are prevented from moving until the case is resolved. The parents will have 30 days to reach an agreement through mediation before the case goes to court. If the parent who is moving has sole or majority custody of the child, Wisconsin law presumes that it is in the best interest of the child to stay with that parent. If custody is equally shared, the parent who wants to relocate must prove why the child should also relocate.
Our attorneys at GRGB understand your rights concerning relocation and can present compelling evidence showing why moving will be in your child's best interest.
Objection Rights
A parent objecting to a child's relocation can request:
- Custody of the child; or
- That the other parent not be allowed to relocate with the child.
Unless there is an equal custody agreement, the objecting parent bears the burden of proof for why the child should not relocate. GRGB can defend your right to maintain a relationship with your child and show why your child will be better off living with or near you.
Court's Ruling
In making a decision on a child's relocation, Wisconsin courts consider what is best for the child, including:
- How the relocation will disrupt the child's relationship with each parent;
- Whether the relocation or request to prevent the relocation is reasonable; and
- Any other visitation arrangements that may maintain the child's relationship with both parents.
If you or your former spouse are planning to relocate with your child, you need legal guidance in considering how this may affect your custody and visitation arrangements. Schedule an appointment with GRGB today by contacting our Milwaukee office at 414-271-1440.
