How can a parent with custody relocate to parental home in Wisconsin?

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 a parent wants to relocate s/he has to provide not less than 60 days written notice to the other parent, with a copy to the court. The notice shall be by certified mail and shall state the parents proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal. The provisions in this regard  are provided in Wis. Stat. § 767.481, which read as follows:
“(1) NOTICE TO OTHER PARENT.
     (a) If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less than 60 days written notice to the other parent, with a copy to the court, of his or her intent to:
         1. Establish his or her legal residence with the child at any location outside the state.
         2. Establish his or her legal residence with the child at any location within this state that is at a distance of 150 miles or more from the other parent.
         3. Remove the child from this state for more than 90 consecutive days.
     (b) The parent shall send the notice under par. (a) by certified mail. The notice shall state the parents proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal, and that the other parent may object within the time specified in sub. (2) (a).
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In Wisconsin, if a parent wants to relocate has to provide not less than 60 days written notice to the other parent, with a copy to the court. The notice shall state the parents proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal. The provisions in this regard have been provided in Wis. Stat. § 767.481, that reads as follows: 
“(1) NOTICE TO OTHER PARENT.
     (a) If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not less than 60 days written notice to the other parent, with a copy to the court, of his or her intent to:
         1. Establish his or her legal residence with the child at any location outside the state.
         2. Establish his or her legal residence with the child at any location within this state that is at a distance of 150 miles or more from the other parent.
         3. Remove the child from this state for more than 90 consecutive days.
     (b) The parent shall send the notice under par. (a) by certified mail. The notice shall state the parents proposed action, including the specific date and location of the move or specific beginning and ending dates and location of the removal, and that the other parent may object within the time specified in sub. (2) (a).
***”
 

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.