Removal of Children FAQs
Removal of Children From Wisconsin FAQ’s
Milwaukee Child Custody Lawyers Answer Your Questions
A common concern is when one parent decides to move away, and plans on removing the children from the state. Whether you are the parent moving with the children or you ex-spouse is planning to move, if it is out of state or more than 150 miles away, there are legal procedures that must be done prior to the move. Find out what needs to be done, and what your options are if you are the parent not moving. If you have concerns about moving or child custody, check out our services for a detailed look at to what we can do for you in your Family Law case. For further questions about your rights over your children in these circumstances, don’t hesitate to contact Bandle & Zaeske LLP today for a free consultation.
Can I move with my children away from my home town?
The law in Wisconsin is that you cannot move more than 150 miles from your residence or out of state without providing notice to your children’s other parent. This only applies in a divorce, however, not a paternity case.
How do I give notice of my intent to move?
You must provide sixty (60) days advance written notice to your children’s father explaining when and where you intend to move and the reasons for said move. If your spouse/ex-spouse objects, he or she can file an objection with the court but must do so within fifteen (15) days of receiving your notice. It is wise to make no definite plans to move until you learn whether or not your spouse/ex-spouse will object. There are specific requirements for this notice. To ensure your case is handled correctly contact Milwaukee custody lawyers Bandle & Zaeske LLP.
What if my spouse/ex-spouse objects? Can the court really tell me I can’t move?
Yes. Or, more accurately, the court can prevent the children from moving which has the same effect. The law in Wisconsin is somewhat complicated but states that the court can not allow the move unless the court finds all of the following:
- The modification is in the best interest of the child.
- The move or removal will result in a substantial change of circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement.
You mean the court can award custody or placement to my spouse/ex-spouse if I move?
Yes. It would depend on what type of relationship your spouse or ex-spouse has with your children and how much he/she sees the children but the court could transfer custody and/or placement to him/her if it feels it would be in the best interests of the children.
How does the court determine this?
The court will consider many factors in making its determination including:
- Whether the purpose of the proposed action is reasonable.
- The nature and extent of the child’s relationship with the other parent and the disruption to that relationship which the proposed action may cause.
- The availability of alternative arrangements to foster and continue the child’s relationship with and access to the other parent.
What if I don’t move more than 150 miles away but do move over an hour away?
In that case, your current placement schedule may not be workable due to the distance and either party may move the court to modify the placement schedule based on a substantial change in circumstances.