When Can a Divorced Parent Move with the Children?

 Posted on September 14, 2017 in Family Law

When one parent seeks to move, the other parent and the children will be undoubtedly impacted, and they may want to object to this huge proposed change. Wisconsin law provides a specific framework for how to initiate and object to relocation proposals.

What the Parent Seeking Relocation Must Do

Wisconsin law outlines what must occur if both parents are given periods of physical placement and the parent with legal custody and physical placement rights wants to move with the child.

The parent seeking to relocate the child must provide notice to the other parent 60 days in advance of the relocation if any of the following conditions are met:

• The parent wants to move out of Wisconsin;
• The parent wants to move within Wisconsin but 150 miles or more away from the other parent; or
• The parent wants to bring the child out of state for more than 90 consecutive days.

Requirements of the Notice Given to the Other Parent

Wisconsin law sets forth several requirements for the notice given by the parent with physical placement seeking to relocate. First, the notice must be sent by certified mail.

Second, the notice must state several details about the proposed move. These details include the date and location of the move and the start and end dates of the move.

Finally, the letter should state that the other parent has a period of time to object to the relocation. The other parent has 15 days to object in writing to the relocation, and the objection must be mailed to the moving parent as well as the court. Such a letter will stop the relocating parent from moving until the matter can be considered by the court or resolved through mediation.

Court Will Hear the Case if the Parties Cannot Agree

If the parents cannot agree to a suitable relocation plan, the matter will be heard in court, and a decision will be rendered. The court will determine what situation is in the best interest of the child and may change the child’s placement based on its findings. There are different standards and considerations based on the custody arrangement in place at the time of the relocation hearing (such a sole versus joint legal custody).

Review Your Options with a Milwaukee, WI, Child Custody Lawyer

Relocation cases can be difficult for the moving parent and the parent seeking to stop the move. Attempting to negotiate with your ex can be nearly impossible in some circumstances.

Hiring an attorney can bring a sense of professionalism and confidence to the relocation process and negotiations. Contact the knowledgeable Milwaukee child relocation attorneys at Gimbel, Reilly, Guerin & Brown, LLP to learn more about your case. Our attorneys can be reached at 414-271-1440.

Source:

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