767.481 Relocating a child’s residence.

533 words·~2 min read·/wi/chapter-767/767-481-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Motion; filing and serving.

(a)Except as provided in par.

(d), if the court grants any periods of physical placement with a child to both parents and one parent intends to relocate and reside with the child 100 driving miles or more from the other parent, the parent who intends to relocate and reside with the child shall file a motion with the court seeking permission for the child’s relocation.

(b)The motion under par.

(a)shall include all of the following:

1. A relocation plan including:

a. The date of the proposed relocation.

b. The municipality and state of the proposed new residence.

c. The reason for the relocation.

d. If applicable, a proposed new placement schedule, including placement during the school year, summers, and holidays.

e. The proposed responsibility and allocation of costs for each parent for transportation of the child between the parties under any proposed new placement schedule.

2. If applicable, a request for a change in legal custody.

3. Notice to the other parent that, if he or she objects to the relocation, he or she must file and serve, no later than 5 days before the initial hearing, an objection to the relocation and any alternate proposal, including a modification of physical placement or legal custody.

4. An attached “Objection to Relocation” form, furnished by the court, for use by the other parent if he or she objects to the relocation.

(c)The parent filing the motion shall serve a copy of the motion by mail on the other parent at his or her most recent address on file with the court. If the parent filing the motion has actual knowledge that the other parent has a different address from the one on file, the motion shall be served by mail at both addresses.

(d)The requirement to file a motion under par.

(a)does not apply if the child’s parents already live more than 100 driving miles apart when a parent proposes to relocate and reside with the child. If the parents already live more than 100 driving miles apart, the parent who intends to relocate with the child shall serve written notice of his or her intent to relocate on the other parent at least 60 days before relocation. Such written notice shall include the date on which the parent intends to relocate and the parent’s new address.

(2)Initial hearing.

(a)Upon the filing of a motion under sub.

(a), the court shall schedule an initial hearing to be held within 30 days after the motion is filed and shall provide notice to the parents of the date of the initial hearing. The child may not be relocated pending the initial hearing.

(b)If the court finds at the initial hearing that the parent not filing the motion was properly served and does not appear at the hearing, or appears at the hearing but does not object to the proposed relocation plan, the court shall approve the proposed relocation plan submitted by the parent filing the motion unless the court finds that the proposed relocation plan is not in the best interest of the child.