Can I move 60 miles away with shared custody?

Full question:

I'm recently going through a custody battle, my ex-boyfriend and I. We have 50/50 Placement and custody. We both live in the same town now but i want to move about 60 miles away but in the same state. I would stay at my parents house two days of the week, and I work close by. Is it OK to move?

Category: Minors
Subcategory: Custody
Date: 04/07/2025
State: Wisconsin

Answer:

When a custodial parent wants to move after a divorce, it can lead to legal complications, especially if the other parent objects. Generally, if the non-custodial parent does not have physical custody, they can move without issues. However, if the custodial parent wishes to relocate, the courts may need to decide if the move is in the best interest of the child.

Courts typically evaluate several factors, including:

Whether the move will enhance the child's education or community.
The reasons behind the custodial parent's desire to move.
The motives of the non-custodial parent in opposing the move.
Whether the non-custodial parent can maintain significant contact with the child.
The existing relationship between the child and the non-custodial parent.
The impact on the child's relationships with extended family and their cultural connections.

In cases where the move is denied, a common theme is that the non-custodial parent has been actively involved in the child's life, consistently attending visitations and maintaining a strong bond.

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 biggest mistake in a custody battle?

One of the biggest mistakes in a custody battle is failing to prioritize the child's best interests. Parents may become overly focused on winning the case instead of considering how their actions affect the child. This can lead to alienation from the other parent or ignoring the child's needs. It's crucial to maintain open communication and demonstrate a willingness to cooperate with the other parent to foster a healthy environment for the child.

Can keeping a child away from the other parent backfire?

Yes, keeping a child away from the other parent can backfire. Courts generally view such actions unfavorably, especially if they disrupt the child's relationship with the other parent. This could lead to legal consequences, including a change in custody arrangements. It's important to encourage a positive relationship between the child and both parents, as this is typically in the child's best interest.

Who are the best witnesses for a child custody trial?

The best witnesses for a child custody trial are those who can provide credible, relevant information about the child's well-being and the parenting abilities of each parent. This may include teachers, childcare providers, family members, or friends who have observed interactions between the child and each parent. Their testimonies can help establish the child's needs and the suitability of each parent as a caregiver.

What not to say during a custody battle?

During a custody battle, avoid making negative statements about the other parent in front of the child or in court. This can be seen as detrimental to the child's emotional well-being and may harm your case. Additionally, refrain from making threats or ultimatums, as these can escalate tensions and create a hostile environment. Focus on constructive communication and the child's needs instead.

What are the dangers of 50/50 custody?

While 50/50 custody can provide a balanced arrangement, it also has potential dangers. It may lead to conflict if parents cannot communicate effectively, causing stress for the child. Additionally, frequent transitions between homes can be challenging for some children, impacting their stability. It's essential to ensure that both parents can cooperate and provide a consistent environment for the child's development.