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Legal Information: Wisconsin

Custody

Updated: 
December 14, 2023

Can I relocate with my children? What steps do I need to take?

If you and the other parent live within 100 miles of each other, and both parents are granted periods of physical placement with the child, either parent who wants to move with the child 100 miles or more from the other parent must file a motion with the court seeking permission for the child’s relocation and must get a court order before relocating.1 The motion must include the following information:

  1. a relocation plan, which includes:
    • the date of the proposed relocation;
    • the municipality and state of the proposed new residence;
    • the reason for the relocation;
    • if applicable, a proposed new placement schedule, including placement during the school year, summers, and holidays; and
    • a proposal for how the parents will split the responsibility for transporting (bringing) the child back and forth and the costs of the transportation under any proposed new placement schedule;
  2. if applicable, a request for a change in legal custody;
  3. notice to the other parent that explains his/her right to object to the relocation by filing and serving (at least five days before the hearing) an objection to the relocation and any alternate proposal, including a modification of physical placement or legal custody; and
  4. the actual blank “Objection to Relocation” form that the other parent would file if s/he objects to the relocation.2

If you and the other parent already live more than 100 miles apart from each other and then you want to relocate, you do not have to file in court the motion explained above. Instead, you must serve written notice of your intention to relocate on the other parent at least 60 days before relocation. The written notice must include the date on which you plan to relocate and your new address.3

    Note: Even if you do not plan to officially relocate with your child but you plan to take your child away from his/her home for more than 14 days in a row, you still need to notify any other person who has periods of physical placement with the child before taking the child.4

    1 Wis. Stat. §§ 767.41(6)(h)(3); 767.481(1)(a)
    2 Wis. Stat. § 767.481(1)(b)
    3 Wis. Stat. § 767.481(1)(d)
    4 Wis. Stat. § 767.481(6)