What steps do I need to take to relocate with my daughter?

Full question:

I live in Wisconsin. I have the custody of my 5-year-old daughter. I want to relocate with my daughter to my parental home. What is the remedy available to me in this regard?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: Wisconsin

Answer:

In Wisconsin, if you want to relocate with your child, you must provide at least sixty days' written notice to the other parent and send a copy to the court. This notice should be sent by certified mail and must include details about your planned move, such as the specific date and location, or the dates and location if the move is temporary.

According to Wis. Stat. § 767.481, you are required to notify the other parent if you intend to:

  • Establish your legal residence with the child outside of Wisconsin.
  • Move to a location within Wisconsin that is 150 miles or more from the other parent.
  • Remove the child from Wisconsin for more than ninety consecutive days.

The notice must inform the other parent that they can object within the specified time frame.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, a parent cannot take a child without the other parent's permission if there is a custody agreement in place. If you have sole custody, you may have more leeway, but it’s still advisable to inform the other parent. In Wisconsin, if you plan to relocate, you must provide written notice to the other parent and the court, as outlined in Wis. Stat. § 767.481.