Relocation and Child Custody in Wisconsin — The 100-Mile Rule

The 100-Mile Threshold

Wisconsin's relocation statute, § 767.481, sets a bright-line rule: if both parents have physical placement and one parent wants to move with the child 100 driving miles or more from the other parent, the relocating parent must get court approval before the move happens.

This isn't 100 miles as the crow flies — it's driving miles, measured by the most direct route. A move from Milwaukee to Green Bay (roughly 120 driving miles) triggers the statute. A move within the greater Madison metro area typically doesn't.

The rule applies regardless of whether the relocating parent has primary or shared placement. If both parents have court-ordered placement time and the move exceeds 100 miles, the court must sign off.

The Court Motion Process

Step 1: File a relocation motion. The relocating parent files a motion that includes a detailed Relocation Plan disclosing:

• The planned move date and the exact city, state, and municipality of the new residence
• The specific reasons for the move (job offer, family support, educational opportunity)
• A proposed new physical placement schedule covering the school year, summers, and holidays
• A proposed transportation plan — who drives, who pays, how exchanges work at the new distance

Step 2: Serve the other parent. The motion must include a blank Objection to Relocation form, served on the other parent by mail.

Step 3: Initial hearing within 30 days. The court schedules an initial hearing within 30 days of filing. The child cannot be relocated before this hearing.

Step 4: Objection deadline. The non-moving parent must file a written objection at least 5 business days before the initial hearing, or within 5 business days of appearing at the hearing. The objection must detail their basis for opposing the move and their proposed alternative placement arrangement.

Failing to file an objection or appear at the hearing allows the court to approve the relocation plan right there.

Step 5: Mediation and GAL. If the other parent objects, the court refers both parties to mediation and appoints a GAL.

Step 6: Final hearing within 60 days. The court must conduct a contested hearing within 60 days of the initial hearing — meaning a final decision arrives within roughly 90 days of the original motion.

What Judges Consider

The court evaluates relocation through the lens of the child's best interests, weighing:

• The reason for the move — a concrete job opportunity or proximity to critical family support carries more weight than a vague desire for a "fresh start"
• Impact on the child's relationship with the non-moving parent — how much placement time is lost, and can a realistic long-distance schedule preserve meaningful contact?
• The quality of the proposed new schedule — does the relocating parent offer substantial summer, holiday, and break time to compensate for reduced school-year contact?
• The child's connections — school enrollment, extracurricular involvement, friendships, and extended family relationships in the current location
• Transportation feasibility — a plan that requires a 6-year-old to take multiple flights monthly isn't practical; a plan with driving exchanges between two cities three hours apart might be

Two Exceptions to Know

The domestic violence exception. Under § 767.481(4)(b)3, if the court finds that the relocation is directly related to escaping domestic abuse or child abuse, there's a statutory presumption that the relocation plan should be approved.

The existing distance exception. If the parents already live more than 100 driving miles apart when the move is proposed, the relocating parent is exempt from filing a court motion. Instead, they serve the other parent with a simple 60-day written notice detailing the move date and new address.

Moving Without Court Approval

Relocating before the court authorizes it is one of the most damaging things a parent can do in a custody case. The court can:

• Order the child returned immediately
• Modify the placement schedule to penalize the relocating parent
• Award attorney fees to the other parent
• Factor the unauthorized move into the best-interest analysis as evidence of disregard for the co-parent's rights

If you're planning a long-distance move, file the motion and follow the statutory process. The timeline is fast — 90 days from filing to decision. Trying to move first and deal with consequences later almost always costs more than doing it by the book.

For a complete walkthrough of Wisconsin's relocation procedure alongside the full custody and parenting plan framework, see the Wisconsin Custody & Parenting Plan Guide.

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