Custody

If the parents cannot agree on a proposed relocation plan, the judge will decide whether or not to allow the relocation at a final hearing. The final hearing generally takes place within 60 days of the initial hearing (and within 90 days of when the petition to relocate was first filed).¹

If the proposed relocation only minimally changes or affects the current placement schedule or does not affect or change the current placement schedule, the judge will:

• approve the proposed relocation;
• set a new placement schedule if appropriate; and
• decide how the parents will split the costs of and responsibility for transportation of the child between the parents under the new placement schedule.²

If the proposed relocation more than minimally changes or affects the current placement schedule, the judge will make a decision after doing the following:

• considering the factors explained in How will a judge make a decision about custody?;
• leaning towards approving the relocation plan if the objecting parent has not been using his/her court-ordered physical placement in a significant way; and
• leaning towards approving the relocation plan if the relocation is related to domestic abuse, abuse of the child, a pattern or serious incident of interspousal battery, or a pattern or serious incident of domestic abuse.³

¹ See Wis. Stat. § 767.481(2)(a), (2)(c)(4)
² Wis. Stat. § 767.481(4)(a)
³ Wis. Stat. § 767.481(4)(b)