Divorces can be emotionally draining and financially challenging for everyone involved. When children are part of the equation, it becomes crucial to prioritize their best interests. In Wisconsin, the court takes the responsibility of determining child custody and physical placement seriously. But what should you do if your ex-spouse wants to relocate with your children after the divorce? This article will guide you through the legal considerations that come into play for a parent wishing to move with their child in Wisconsin following a divorce.
Understanding Wisconsin Laws on Child Relocation
In Wisconsin, the law states that a parent with joint custody or primary placement must provide a minimum of 60 days’ written notice before moving the child out of state. If both parents agree to the relocation, they must file a stipulation with the court, which will then grant approval.
However, if an agreement cannot be reached, the parent intending to move with the child must file a motion with the court and notify the other parent. The non-moving parent holds the right to object to the relocation, leading the court to evaluate whether the move is in the child’s best interests.
Key Factors Considered by the Court
When making decisions about child custody and placement, Wisconsin courts examine several vital factors, including:
- The child’s wishes, provided they are of a sufficient age to express meaningful preferences.
- The previous amount of time each parent spent with the child before the relocation request.
- The potential impact of the proposed new location on the child’s overall well-being, covering physical, emotional, and educational aspects.
- Each parent’s ability to maintain a meaningful relationship with the child following the proposed move, including considering factors like reasonable visitation or alternative placement arrangements if physical proximity is not feasible.
These factors carry significant weight in the court’s decision-making process regarding a parent’s request to relocate.
Outcomes of Court Approval
Should the court approve a parent’s relocation request, it may also necessitate modifications in the custody or physical placement order. Additionally, the moving parent might be required to provide security to ensure that the non-moving parent can exercise their right to visitation or alternative placement options.
In Conclusion
Divorce is an arduous journey, especially when children are caught in the crossfire. In Wisconsin, it’s important for parents to bear in mind that courts base child placement and relocation decisions on what’s truly in the child’s best interests. If you find yourself grappling with questions regarding your rights or your child’s rights in a relocation case, it is crucial to obtain the guidance of a seasoned family law attorney. They will advocate for you in court, ensuring your child’s interests remain protected throughout the process.