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Moving After Divorce: What Custodial Parents Need To Know

Child custody and placement orders in Wisconsin include a provision regarding the geographic area in which the custodial parent may live with the child. This is to ensure that the noncustodial parent will have access for parenting time. But people’s lives change after a divorce, and not everyone keeps the same job or remains living in the same community forever. Relocating the child out of the geographic area is a problem that thousands of divorced couples face in communities across Wisconsin.

Did you know?
If you are moving more than 150 miles away from the other parent’s home or across a state border, you are required to provide a specific notice to the noncustodial parent. The other parent will have 15 days to respond. It is imperative that the parties follow the proper statutes when giving a move notice or responding to a move notice.

If you are involved in a dispute regarding custodial child relocation out of the local community in southeastern Wisconsin, talk to an attorney at Benske Family Law, in Milwaukee. We are a team of dedicated attorneys who focus specifically on Wisconsin family law, including custody and child support disputes and modifications to original court judgments. We have helped hundreds of clients resolve complex disputes involving court approval to relocate, and we have fought to prevent petitions from being approved.


One of the most effective means of resolving a parental relocation stalemate is through mediation. We have represented clients on either side of move-away disputes in mediation. We have two attorneys on staff who are certified in divorce and custody law. We will explain the process and show you how a collaborative solution almost always works out best for everyone, including the child.

Do Not Act Alone. Call Us For Guidance.

As a custodial parent, it may seem like the easy thing to do is to simply pack up your child and move, then deal with the fallout from the other parent later. The court can and will enforce the terms of your original custodial judgment. The only way to proceed legally is to petition the court for relocation. Your child’s other parent may disapprove, but we will use our negotiating skills to resolve the complex and frustrating challenges to your move-away petition.

Call us at 414-939-0468 or send an email explaining your circumstances. We will return your call promptly and set up an appointment to meet with one of our lawyers.