Child custody is a complex and emotionally charged issue that arises after a divorce. The situation becomes even more intricate when one parent decides to relocate out of the state with their child. It becomes imperative to understand how this move will impact child custody arrangements.
The Different Types of Custody in Wisconsin
To comprehend the influence of moving out of state on child custody, it is crucial to have knowledge about the various types of custody recognized in Wisconsin. In this state, two types of child custody are acknowledged:
Legal Custody: This refers to the decision-making authority a parent has regarding the child’s medical, religious, and educational needs.
Physical Custody: This type of custody determines where the child resides and which parent is responsible for their day-to-day care.
Both legal and physical custody can be awarded exclusively to one parent, or they can be shared between both parents.
Impact of Relocating Out of State on Custody
Moving out of state can have consequences for both legal and physical custody arrangements. When the parent with physical custody decides to relocate, the non-custodial parent may worry about the potential loss of their relationship with their child. This concern is valid, as Wisconsin courts favor custody decisions that prioritize the non-custodial parent’s meaningful connection with their child.
If the proposed move has the potential to interfere with regular parenting time or significantly impact the child’s life, the court’s approval becomes necessary. The court considers several factors during the review process, including:
- The child’s relationship with each parent
- The child’s preference, if they are of sufficient age and maturity to have a say
- The ability of the parents to cooperate and communicate regarding the child’s well-being
- The reasons behind the proposed move
- The potential economic, educational, or emotional benefits for the child arising from the move
If the court determines that the relocation is not in the child’s best interests, they may impose limitations on custody or require the non-custodial parent to assume physical custody. Conversely, if the court views the move as beneficial for the child, they may grant permission, but with the condition of devising a parenting plan that ensures the other parent can maintain a relationship with the child.
Dealing with Custody Issues When a Parent Wants to Relocate Out of State
If you are a parent considering moving out of Wisconsin, it is essential to follow these steps:
- Inform the other parent about your intention to relocate and submit a written notice to the court.
- Provide detailed information about your new address and contact information.
- Assure the other parent that you will continue to facilitate a healthy and involved relationship between them and the child.
On the other hand, if your ex-spouse wishes to move out of state with your child, seeking legal advice from a family law attorney becomes crucial. They can guide you through the available options, such as challenging the move by presenting arguments against its suitability for the child’s best interests. Alternatively, negotiations can lead to a parenting plan that enables you to maintain a close relationship with your child despite the geographical distance.
Conclusion
Child custody arrangements become more intricate when one parent decides to relocate out of state following a Wisconsin divorce. It is vital for parents to comprehend the nuances of legal and physical custody, understand the potential impact of the move on custody arrangements, and employ effective strategies when faced with such challenges. Seeking the assistance of an experienced family law attorney during this process can be invaluable. They can navigate the complexities of the legal system, safeguard your rights, and ensure the best interests of your child are protected.