March 11, 2025 - Introduced by Representatives Goeben, Knodl, Wichgers, Brooks, Armstrong and Mursau, cosponsored by Senator Jacque. Referred to Committee on Children and Families.
***AUTHORS SUBJECT TO CHANGE***
AB123,1,4
1An Act to amend 767.117 (1) (c), 767.215 (2) (j) 1., 767.41 (6) (h) 3., 767.481 (1) 2(a), 767.481 (1) (d) and 767.481 (5); to create 767.001 (1fm) of the statutes; 3relating to: calculation of miles for purposes of relocation of a child 100 miles
4or more from the other parent in an action affecting the family. Analysis by the Legislative Reference Bureau
Under current law, a parent granted periods of physical placement with a child in an action affecting the family must obtain a court order if the parent intends to relocate and reside 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. Also under current law, during the pendency of an action affecting the family, parties are generally prohibited from relocating and establishing a residence with a minor child of the parties that is more than 100 miles from the residence of the other party, if the party does not have consent of the other party or an order of the court. The requirement to obtain a court order allowing relocation does not apply if the parents already live more than 100 miles apart when a parent proposes to relocate and reside with the child, but in that situation, the parent who intends to relocate with the child must serve written notice of the intent to relocate on the other parent at least 60 days before relocation.
This bill adds an express requirement that the 100-mile distance for purposes of these provisions must be calculated as “driving miles,” defined in the bill to mean the actual distance traveling by road required to get from one location to another rather than the straight-line distance between those locations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB123,1
1Section 1. 767.001 (1fm) of the statutes is created to read: AB123,2,32767.001 (1fm) “Driving miles” means the actual distance traveling by road 3required to get from one location to another. AB123,24Section 2. 767.117 (1) (c) of the statutes is amended to read: AB123,2,105767.117 (1) (c) Unless the action is one under s. 767.001 (1) (g) or (h), without 6the consent of the other party or an order of the court, relocating and establishing a 7residence with a minor child of the parties more than 100 driving miles from the 8residence of the other party, removing a minor child of the parties from the state for 9more than 90 consecutive days, or concealing a minor child of the parties from the 10other party. AB123,311Section 3. 767.215 (2) (j) 1. of the statutes is amended to read: AB123,2,1312767.215 (2) (j) 1. Relocating and establishing a residence with a minor child of 13the parties more than 100 driving miles from the residence of the other party. AB123,414Section 4. 767.41 (6) (h) 3. of the statutes is amended to read: AB123,2,1815767.41 (6) (h) 3. That a parent granted periods of physical placement with the 16child must obtain a court order before relocating with the child 100 driving miles or 17more from the other parent if the other parent also has court-ordered periods of 18physical placement with the child. AB123,519Section 5. 767.481 (1) (a) of the statutes is amended to read: AB123,3,420767.481 (1) (a) Except as provided in par. (d), if the court grants any periods of
1physical placement with a child to both parents and one parent intends to relocate 2and reside with the child 100 driving miles or more from the other parent, the 3parent who intends to relocate and reside with the child shall file a motion with the 4court seeking permission for the child’s relocation. AB123,65Section 6. 767.481 (1) (d) of the statutes is amended to read: AB123,3,126767.481 (1) (d) The requirement to file a motion under par. (a) does not apply 7if the child’s parents already live more than 100 driving miles apart when a parent 8proposes to relocate and reside with the child. If the parents already live more than 9100 driving miles apart, the parent who intends to relocate with the child shall 10serve written notice of his or her intent to relocate on the other parent at least 60 11days before relocation. Such written notice shall include the date on which the 12parent intends to relocate and the parent’s new address. AB123,713Section 7. 767.481 (5) of the statutes is amended to read: AB123,3,2314767.481 (5) Stipulations. At any time after a motion is filed under sub. (1), 15if the parties agree that one parent may relocate more than 100 driving miles away 16from the other parent, the parties may file a stipulation with the court that 17specifies that neither parent has any objection to the planned relocation and that 18sets out any agreed upon modification to legal custody or periods of physical 19placement, including responsibility and costs for transportation of the child 20between the parties under a proposed new placement schedule. The court shall 21incorporate the terms of the stipulation into an order for the relocation or a revised 22order of legal custody or physical placement, as appropriate, unless the court finds 23that the modification is not in the best interest of the child.
