Trying to Move with Joint Custody of a Child?

[Editor’s Note: The Law has changed. Please consult with a professional at Petit & Dommershausen for additional information. New blog post forthcoming.]

Parents Should Know

In Wisconsin, if parents share custody and physical placement, you have to provide the other parent with at least 60 days’ written notice if you want to move out of state with the child, move at least 150 miles away from the other parent within the state, or take the child out of state for at least 90 days.

Once the initial notice is provided, the other parent can choose whether or not to object.  If an objection is made, the matter will likely be referred to mediation to try and resolve the dispute.  While the dispute is ongoing, the child cannot be moved unless the court grants permission through a temporary order.  If the dispute still cannot be resolved, the parent opposing the move can file a petition, motion, or order to show cause to modify custody or physical placement of the child, and the court will hold a hearing to determine whether the change is in the best interests of the child.

If the parent seeking to move with the child already has primary physical placement, the court will additionally look at whether or not the proposed move will result in a substantial change in circumstances since the last court order involving placement.  If the parents share substantially equal physical placement, the court will look at whether circumstances make it impractical to continue the current arrangement.

In order to make these determinations, courts are directed to look at specific criteria: whether the purpose of the proposal is reasonable, the child’s relationship with the parent that is objecting to the move and how it would be affected, and the availability of alternate arrangements to continue the child’s relationship with the objecting parent.  The court will also have the option to consider how the child would adjust to the move in terms of the child’s new home, school, religion, and community.

If you have further questions related to child custody issues and are seeking legal representation, please contact our firm for a consultation.

Attorney Brian Kane practices criminal defense and family law at the Oshkosh office of Petit & Dommershausen, S.C., located at 2001 Bowen Street, Oshkosh, WI 54901.  He can be reached at (920) 231-0699 or [email protected].