Can a non-custodial parent object to relocation in Wisconsin?

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, within 15 days after receiving the notice, the other parent may send a written notice of objection to the proposed action to the parent proposing the move or removal, with a copy to the court. Upon receipt of a copy of a notice of objection the court shall promptly refer the parents for mediation or other family court services and may appoint a guardian ad litem.  The provisions in this regard have been provided in Wis. Stat. § 767.481, which reads as follows: 
“***
(2) OBJECTION; PROHIBITION; MEDIATION.
     (a) Within 15 days after receiving the notice under sub. (1), the other parent may send to the parent proposing the move or removal, with a copy to the court, a written notice of objection to the proposed action.
     (b) If the parent who is proposing the move or removal receives a notice of objection under par. (a) within 20 days after sending a notice under sub. (1) (a), the parent may not move with or remove the child pending resolution of the dispute, or final order of the court under sub. (3), unless the parent obtains a temporary order to do so under s. 767.225 (1) (bm).
     (c) Upon receipt of a copy of a notice of objection under par. (a), the court shall promptly refer the parents for mediation or other family court services under s. 767.405 and may appoint a guardian ad litem. Unless the parents agree to extend the time period, if mediation or family court services do not resolve the dispute within 30 days after referral, the matter shall proceed under subs. (3) to (5).
***”