Moving Kids Out of State After Custody Orders in Wisconsin

Can you move out of Wisconsin with your child? You can’t do this unilaterally. You’ll need to file a motion with the court and detail how the relationship with the other parent will be maintained.

Attorney Austin Miller of Sterling Law Offices answers questions we often hear when one parent wants to move out of state or more than a 100 miles from the other parent. His answer is pretty straightforward, but the solution might not be.

Family law attorneys at Sterling Law Offices frequently get asked by parents if they can move out of Wisconsin with their child. The answer is pretty straight forward. You can’t do this unilaterally. If you need to or wish to move out of the state of Wisconsin, and more than a 100 miles away from the other parent, you’ll need to file a motion with the court.

You will need to demonstrate how your child’s relationship with the other parent and placement will be maintained. If you know you have to move, it is in your best interest to contact a family law attorney and address this move with them as early as possible. Don’t be the parent that moves your children away from a parent without taking the proper legal steps.

Once a motion has been filed, the court will set a hearing for within 30 days of the motion being filed. If you are the non-moving parent, and you receive notice of the hearing, you must file your abjection within 5 days of the hearing.

The court will likely ask the parties to go to mediation and will appoint a guardian ad litem. They will look to have the final hearing within 60 days. The court will look at the reasonableness of the move and how the relationship with the non-moving parent will be maintained. They will make a decision on whether the move is allowed. One question that is important to consider when deciding to move is: how far can a mother or father move with joint custody?

If you are the parent missing your placement time with your child due to a parent moving the children away, you can file an enforcement of placement order. The parent moving the child away without a proper order may also be subject to a contempt order.

Keep in mind, the court is going to look at this move in the best interest of the child and how the move may affect the child and parent relationship with the parent that didn’t move. Other factors that may affect your ability to move with your child out of state are the current custody and placement arrangements. A move like this must be done correctly and legally for all parties involved. It’s in your best interest to contact a family law attorney as soon as you think you might move.

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