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Can I Stop My Ex-Spouse From Relocating With My Child?
After completing the divorce process, parents establish new routines and do their best to share custody effectively while providing care for their children and maintaining positive parent/child relationships. Maintaining consistent routines and schedules for physical placement is one of the best ways parents can help children become accustomed to the changes they have experienced. However, this consistency can be threatened if a parent chooses to move a significant distance away and requests modifications to visitation schedules or other aspects of child custody.
In Wisconsin, there are specific guidelines under the law for parental relocation. A parent who is concerned about an ex’s plans to move with a child may be able to take steps to contest the relocation. In these situations, an experienced attorney can provide invaluable legal help and ensure that a parent will be able to protect their parental rights.
Parental Relocation Requirements
Under Wisconsin law, a parent’s plans to move are considered a relocation if the new home will be at least 100 miles away from the other parent. In these cases, a parent must follow a formal process to request permission from the court to relocate and modify the child custody agreement. This process will involve the following steps:
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Notice of intent to move: The parent wishing to relocate must file a motion with the court. They will also provide notice of this motion to the other parent. The motion and notice must include the date of the planned move, the city and state where the parent will be residing, the reasons for the move, and a new proposed placement schedule for the child. If necessary, the parent may also request changes to legal custody. After the motion is filed, an initial hearing will typically be scheduled within 30 days.
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Objection by the other parent: If the other parent wishes to contest the relocation, they must file an objection with the court at least five days before the date of the initial hearing. The objection may include an alternate proposal for how modifications to legal and physical custody may be handled.
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Initial hearing: The court will review the relocation request, and if there are no objections by the other parent, the proposed changes will be approved as long as they are in the best interest of the child. If there is an objection, the court will require the objecting parent to file a proposed alternate modification plan if they have not already done so. The parents may then be ordered to use mediation to attempt to reach agreements on how child custody may be modified. A guardian ad litem may also be appointed to investigate the case and help determine what solutions would be in the best interest of the child.
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Final hearing: A hearing to determine how the relocation request will be resolved will be scheduled within 60 days of the initial hearing. If an agreement has not been already reached, the court will make a decision about whether to approve the relocation request and how child custody will be modified.
Reasons to Contest a Relocation
A parent may contest a relocation for several reasons, including:
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Impact on child's stability: The move could disrupt the child's education, social life, and sense of stability. The non-relocating parent may object, seeking to help the child avoid the stress of these changes.
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Reduction in parenting time: The relocating parent may propose a new placement schedule that significantly reduces the non-relocating parent's time with the child. The non-relocating parent may contest these changes to ensure that they will be able to maintain close, continuing contact with the child.
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Quality of life concerns: The non-relocating parent may have concerns about whether the child will have opportunities for education or other pursuits at the new location, as well as other factors affecting the child’s health, safety, and well-being.
Contact Our Milwaukee, WI Parental Relocation Attorneys
If you are actively involved in your child's life, you will want to avoid any disruptions that could limit your time with your child or negatively affect your relationship. If you are concerned about how to respond to your ex-spouse’s plans to move, the Milwaukee parental relocation lawyers at Gimbel, Reilly, Guerin & Brown, LLP can provide you with the legal representation needed to protect your parental rights. Contact us today at 414-271-1440 to schedule a free consultation.
