How Wisconsin Law Handles Relocation During Divorce

Relocation during a divorce is a significant issue that can affect custody arrangements, visitation rights, and the emotional well-being of children involved. In Wisconsin, the law addresses relocation with specific guidelines to ensure the best interests of the child are maintained. Understanding how these laws apply can help parents navigate the complexities of divorce and relocation more effectively.

Under Wisconsin law, the term "relocation" refers to a move by a parent that significantly changes the residence of the child. This is typically defined as moving more than 100 miles from the child's current home, although any distance can be contested depending on the situation. To make a move legally permissible, the relocating parent must follow specific steps outlined in the Wisconsin Statutes.

Firstly, if a parent intends to relocate, they are required to provide written notice to the other parent at least 60 days before the intended move, including the new address and the reason for the relocation. This notice allows the non-relocating parent to prepare for potential changes in custody or visitation arrangements.

If the non-relocating parent disagrees with the move, they can file a motion with the court to prevent the relocation. In such cases, the court will review several factors to determine if the move is in the best interest of the child. These factors include:

• The reason for the intended move.
• The age and developmental needs of the child.
• The relationship the child has with both parents.
• The impact of the move on the child’s stability and continuity of education, community, and family relationships.
• The practicalities of the proposed visitation schedule and how it may be affected.

The court's primary focus is the well-being of the child. If the court grants permission for the relocation, it may establish a new visitation schedule to ensure that the non-relocating parent can maintain a meaningful relationship with the child. This might include longer visits during school breaks, virtual communication options, or alternating holidays.

It’s important to note that if a parent relocates without notifying the other parent or without court permission, it may be viewed as a violation of custody agreements. Such actions can have serious legal consequences, including potential changes in custody arrangements or the requirement to return the child to their original location.

In some cases, parents may agree to a relocation through mediation or negotiation, which can be a less contentious pathway than court intervention. Parents are encouraged to work together, keeping the child's best interests at heart, to arrive at a resolution that respects the needs of everyone involved.

Legal advice from an experienced family law attorney can be invaluable during this process. Attorneys can guide parents through the requirements for relocation, assist in filing the necessary paperwork, and provide representation in court if needed. They can also facilitate discussions between parents aimed at reaching an agreement that minimizes conflict and focuses on the child's welfare.

In conclusion, the process of relocation during a divorce in Wisconsin is governed by laws designed to protect the interests of children. By understanding these laws and working within their framework, parents can more effectively navigate the challenges posed by relocation during a divorce.