Legal Information: Wisconsin

Custody

Updated: 
October 5, 2021

What happens after I file the motion to relocate? What can I expect at the initial hearing?

If you live within 100 miles of the other parent and you plan too relocate your child to a new location more than 100 miles from the other parent, then you need to file a motion with the court to request permission to relocate.

After the motion is filed, the court will schedule an initial hearing within 30 days. The child cannot be relocated during that time.1

If the other parent doesn’t show up to the initial hearing or shows up and agrees to the relocation plan, the judge will allow the relocation if s/he believes it is in the best interest of the child.2

If the other parent objects to the relocation plan, the judge will:

  • refer the parents to mediation (unless attending mediation would cause undue hardship or endanger the health or safety of a party);
  • appoint a guardian ad litem for the child; and
  • schedule another hearing date within 60 days, at which time the judge will consider various factors and decide whether to allow the relocation. Note: The judge could temporarily allow the relocation during those 60 days if relocation is in the child’s “immediate best interest.”3

​1 Wis. Stat. § 767.481(2)(a)
2 Wis. Stat. § 767.481(2)(b)
​3 Wis. Stat. § 767.481(3)(a)

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