Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Wisconsin, parental relocation is governed by state statutes that require a parent with a child custody order to seek permission before moving with their child to a new location that is a significant distance away from the other parent. Specifically, Wisconsin Statute § 767.481 outlines the procedures and requirements for a parent who intends to relocate with a child. If the move will result in a change of the child's main residence by 100 miles or more from the other parent, the relocating parent must file a motion with the court and provide notice to the other parent. The non-relocating parent has the opportunity to object to the move. The court will then consider various factors to determine whether the relocation is in the best interest of the child, including the reasons for the move, the impact on the child's relationship with both parents, and the potential benefits to the child. If the parents cannot agree on the relocation, the court will make a decision based on the child's best interests. The court may modify the existing custody and visitation order to accommodate the move if it is deemed appropriate.