Legal Issues to Resolve When Relocating After Divorce

 Posted on January 14, 2019 in Family Law

If you are a divorced parent, moving will likely be more complicated than finding a new home and packing up a moving van. That is because there are certain laws that apply when a divorced parent wants to move with their children to a new location.

In Wisconsin, the parental relocation laws were updated in April 2018. The new law provides that if both parents are granted any period of physical placement with a child, and one parent seeks to move with the child at least 100 miles away from the other parent, then the relocating parent must request permission for the move with the court.

The request to the court must include the following information: 

• The date of the proposed move
• The city and state of the proposed new home
• The reason for the move
• If applicable, a proposed new placement schedule, including placement during the school year, summers, and holidays
• A proposal specifying what each parent would pay for transportation of the child between the parents
• If applicable, a motion for a change in legal custody

After this written request is made, the court will set the matter for a hearing within 30 days. The other parent, if they choose to do so, must file an objection no later than five days before such hearing. Depending on the case, the court will set a second hearing within 60 days, at which point a final decision may be rendered.

A court has the power to grant a relocation temporarily between the first and second hearings. In determining if the relocation should proceed, a court will consider a number of factors, including: 

• The best interests of the child
• The degree to which the proposed relocation changes or affects the current placement schedule
• Whether the objecting parent has not significantly exercised court-ordered physical placement
• Whether the parent's relocation is related to abuse or domestic violence

Relocation cases present several unique features. For example, relocation cases require certain types of notice to the parents for the proceedings to be valid. In addition, relocation cases tend to be highly fact-specific, and a judge’s determination can be influenced by effective presentation of these facts. 

It may be the case that the non-moving parent will be open to negotiating before reaching trial. In these circumstances, an attorney can help the parents think creatively to arrive at an acceptable solution.

Contact a Milwaukee Parental Relocation Lawyer

Relocating with children after a divorce is time sensitive. There are multiple deadlines, and the process can move quickly. If you find yourself wanting to move or have an ex-spouse who is seeking to move, you should contact a family law attorney as quickly as possible.

There are a number of factors that may be convincing to a judge in relocation cases. Our firm’s qualified Milwaukee, WI child custody attorneys will review your case and make sure that your best arguments are heard by a judge or advanced at mediation. Call us today at 414-271-1440. We offer free consultations for family law cases.

Source:

https://docs.legis.wisconsin.gov/statutes/statutes/767/V/481