Family, Criminal & Children's Court Attorneys Since 1991

Moving out of Wisconsin with joint custody

On Behalf of | Oct 12, 2021 | Custody and Parenting Time |

If you live in Wisconsin and you have joint custody of one or more children, then you might be wondering about what happens if one of the parents wants to move out of the state. The laws governing this have changed, so it is important to stay on top of what rules you have to follow if you want to move or your ex is considering a move.

Considering borders or move distance

Under the old laws, if one parent wanted to move farther than 150 miles or out of the state, it would trigger a process where the other parent could dispute the move, requiring a court-ordained process to resolve. This could create odd situations because a move out of state might be a very short distance for a parent who already lived near the border, so minor moves would require a lot of paperwork and court time.

New laws have done away with the border aspect. Now, a move opens up the court process if it is more than 100 miles away, and whether it is in-state or out-of-state doesn’t matter anymore. As long as both parents share custody and placement, the only relevant measure is the distance of the move. The distance is now shorter to require a hearing, but the border is no longer a barrier. Other factors can trigger a hearing, however, like a disruption in school or friend groups for the child, so a short move is not guaranteed to be free of court oversight.

For many parents, the process now has simpler rules. This could make managing joint custody easier and less expensive for everyone involved in shared custody of a child in Wisconsin.