Friday, April 6, 2018

How does a parent relocate with a child who is the subject of a legal custody or physical placement order?

The Wisconsin legislature enacted 2017Assembly Bill 551 on April 3, 2018 and published this new bill on April 4, 2018. This statute relates to "relocating with a child who is the subject of a legal custody or physical placement order."

You still need to provide to the other parent, the child support agency and the clerk of court with the address at which you may be served within 10 business days of moving to that address, but now the address may include a post office address. This address change notification requirement applies to all moves.

The new statute requires, among other things, that a parent granted periods of physical placement with a child must obtain a court order before relocating with the child 100 miles or more from the other parent if the other parent also has court-ordered periods of physical placement with the child. Neither may remove the child from the state for more than 90 consecutive days. Neither may conceal the minor child from the other party.

Former section 767.481 was repealed and recreated regarding the motion and requirements involved when a parent wishes to relocate the child's residence. The new statute requires careful planning and adherence to the specific steps needed to get your request before the Court so that you remain in compliance with your judgment of divorce and the rules set forth by the legislature.

If you already have a marital settlement agreement and judgment of divorce or judgment of paternity, this language is different from what would have been included in your judgment.

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