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Bucher Law Group, LLC

What Are the Rules For Child Relocation After My Wisconsin Divorce?

Posted on in Divorce/Family Law

Milwaukee County child relocation lawyer

A divorce is considered by many to be a fresh start. People who get divorced often decide to relocate to begin their next chapter in life. Whether it is a move to accept a new job, to be closer to extended family, or simply for a change of scenery, relocating with a child can be difficult. Under Wisconsin divorce law, there are certain rules a parent must follow when he or she wishes to move with his or her child. Either parent who has been granted physical placement of the child can petition to move with the child. Not following the rules of relocation can result is less than favorable consequences and can end with a petition for relocation being denied.

Filing the Motion to Relocate

If a parent wishes to move with a child and make the child’s permanent residence more than 100 miles away from the child's current residence, the parent must file a motion to relocate with the court. The relocation plan in the motion must include:

  • The date of the proposed relocation

  • The municipality and state of the proposed relocation

  • The reason for the relocation

  • The proposed new placement schedule, including during holidays, summers, and the school year

  • The responsibility and allocation of transportation costs for each parent 

The motion must also include a notice to the other parent that he or she has until five days before the initial hearing to file an objection to the relocation. The Objection to Relocation form must also be supplied with the motion.

Relocation Hearing

An initial hearing will be scheduled within 30 days after the motion to relocate is filed. If the other parent does not appear at the hearing, or if he or she appears but does not object to the relocation, the court will typically approve the relocation plan. If the other parent objects to the plan, then the parents will usually be ordered to attend mediation in an effort to reconcile the situation. If mediation does not work, or if mediation would not be in the best interests of the child, then another hearing will be held.

During the second hearing, the judge will make a determination of whether or not the parent should be allowed to relocate with the child. To make this decision, the judge will look at a variety of factors, including:

  • What is in the best interests of the child

  • Whether or not the objecting parent has exercised his or her right to the court-ordered physical placement of the child

  • How much impact the proposed relocation would have on the current placement schedule

  • Whether the parent’s relocation is related to abuse or domestic violence

Contact a Milwaukee County Child Relocation Attorney 

Child-related issues during a divorce can be stressful, especially when it comes to parents who are not always in agreement. At the Bucher Law Group, LLC, we understand that relocations can be difficult on everyone involved. If you are seeking to relocate with your child, or if you are seeking to prevent your child’s other parent from moving away with your child, a knowledgeable Waukesha County divorce lawyer can help. Call our office today at 262-303-4916 to schedule a free consultation. 





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