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Moving Out of State with Children?

Helping custodial parents moving out of Wisconsin follow legally mandated procedures.

Moving Out of State with Children in Wisconsin

Our society is a mobile society, and social mobility can create difficult problems for parents of children who do not live together. This is particularly true in the current economic climate, where job opportunities may require a parent to move out of state or further than 150 miles from the other parent. Furthermore, there may be other personal reasons why a parent wishes to move, such as an ailing relative who needs help or family members who can help with child care. Yet a long-distance move can create adverse consequences for the relationship between the child or children and the parent who is not moving. Wisconsin Statute §767.481 sets forth the requirements that must be met, when applicable, when one party wishes to move a child out of state or more than 150 miles away.

Wisconsin Requirements for Moving Children Out of State

The law therefore provides that if you wish to move with a child and you are subject to the law on moving out of state or farther than 150 miles, you must provide notice to the other parent at least 60 days before you move. There are specific requirements on what the notice should say and how it is delivered. The other parent then has a certain amount of time to object and certain requirements on how to object. Assuming this is done correctly, the moving parent cannot move the children until a court determines whether the children can move. Mediation is ordered by the court and if that does not resolve the matter, a lawyer, named a guardian ad litem, is appointed to represent the children’s best interests.

We Can Help You Plan or Prevent An Out of State Move

There are many factors the court considers in deciding whether a parent can move the child, including the reason for the move and the effect on the relationship with the other parent. If you are a parent with legal custody of a child and wish to move, or have been given notice of the other parent’s intent to move with your child, please contact Milwaukee family attorneys Katherine Charlton or Amy Shapiro by calling us at 414-271-8650, or Madison family attorney Lynn Lodahl at 608-257-0040. If you prefer to write, contact us through our website form to set up a case evaluation.