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How can I object to my wife's relocation with our son?

How can I object to my wife's relocation with our son?

Full question:

I reside in Wisconsin. My wife has the custody of my 2-year-old son. I received a notice from her that she is intending to relocate with my son. How can I object this relocation?

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: Wisconsin

Answer:

In Wisconsin, you have 15 days from receiving the notice to send a written objection to your wife's proposed relocation. This notice should also be sent to the court.

If your wife receives your objection within 20 days of her notice, she cannot move with your son until the dispute is resolved or a final court order is issued, unless she obtains a temporary order allowing the move.

Upon receiving your objection, the court will refer both parents to mediation or other family court services. A guardian ad litem may also be appointed. If mediation does not resolve the issue within 30 days, the matter will proceed to court for further action (Wis. Stat. § 767.481).

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

What is the 100 mile rule for custody?

In Wisconsin, the 100-mile rule refers to the legal requirement that a custodial parent must notify the non-custodial parent if they plan to relocate more than 100 miles away. This notice must be given at least 60 days before the move. The non-custodial parent can then object to the relocation, and the court may need to address the custody arrangement based on the best interests of the child. This rule helps ensure both parents remain involved in their child's life despite distance. *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.*

Can keeping a child away from the other parent backfire?

Yes, keeping a child away from the other parent can backfire legally. Courts generally favor maintaining a relationship between the child and both parents, as it is considered in the child's best interests. If one parent unilaterally restricts access, it may lead to legal consequences, including a change in custody arrangements. The court may view such actions as detrimental to the child's welfare, potentially resulting in a loss of custody or visitation rights for the parent who restricts access. *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.*

Can a mother move a child away from the father in Wisconsin?

In Wisconsin, a mother can move with her child, but she must follow specific legal procedures if the move is more than 100 miles away. She must provide notice to the father, who has the right to object to the relocation. If the father objects, the court will evaluate the situation to determine if the move is in the child's best interests. The mother cannot move with the child until the dispute is resolved unless a court order allows it. *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.*

Can my ex move away with my child?

Your ex can attempt to move away with your child, but they must provide you with notice if the move is over 100 miles. You have the right to object to this relocation. If you do object, the court will review the case to decide if the move serves the child's best interests. Until the court resolves the matter, your ex cannot relocate with the child without a court order. This process ensures that both parents have a say in significant decisions affecting their child's life. *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.*

Can a mother keep the child away from the father in Wisconsin?

In Wisconsin, a mother cannot legally keep a child away from the father without a valid reason, such as concerns for the child's safety. If there is a custody agreement in place, both parents have rights to access and visitation. Unilaterally restricting access can lead to legal repercussions, including potential changes to custody arrangements. Courts prioritize the child's best interests and generally encourage both parents to maintain a relationship. *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.*

How to write a relocation letter for child custody?

When writing a relocation letter for child custody, include your intent to move, the new address, and the reasons for the move. Clearly state the proposed moving date and how you plan to maintain the child's relationship with the other parent. It's also important to mention any changes to visitation schedules. Ensure the letter is respectful and provides ample notice, typically at least 60 days before the move, as required by Wisconsin law. Sending this letter via certified mail can help provide proof of delivery. *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.*