Children grow up by age 18 in the eyes of the law in most states, including Wisconsin. In addition, legal age laws determine when a child can apply for parental emancipation, how the law deals with contracts with minors, a minor`s ability to sue, and consent to medical treatment. Wisconsin law § 767.481 sets out the requirements that can be met if a party wishes to remove a child from the state or more than 100 miles from the other parent. In most cases, the parent moving must notify the other parent and the court. There are specific requirements as to what should be included in the notice and how it will be served. The other parent then has a certain amount of time to appeal and certain requirements as to how to object. Assuming this is done correctly, the parent who moves cannot move the children until a court decides whether the children can move. Mediation is ordered by the court and, if this does not resolve the issue, a guardian may be appointed to represent the best interests of the children and make a recommendation as to whether the move should be allowed. Can you leave Wisconsin with your child? You cannot do it unilaterally.
You must file an application with the court and specify how the relationship with the other parent will be maintained. In Wisconsin, children are emancipated at the age of 18. They can emancipate themselves earlier if they marry (parental consent is required for anyone between the ages of 16 and 18 to marry) or if they report to the armed forces. However, military service requires a high school diploma in practice, so most people who enlist in the military are at least 17 or 18 years old. Anyone under the age of 17 must have parental consent to join the military. In this case, your current investment plan may not be feasible due to distance, and either party may cause the court to amend the investment plan to the appropriate standard under section 767.451 of the Amending Act. However, the court could still find that it is not in the best interests of the children to change and/or change schools. If the other parent`s place of residence permits, the court could still grant the placement to the other parent so that the children could remain in their current school district. Again, it`s best to wait with concrete plans until you can be sure the other parent agrees or the court agrees that the children can move and change schools. The court considers many factors when deciding whether one parent can move the child, including the reason for the move and the impact on the relationship with the other parent. If you are a custodial parent and wish to move, or if you have been informed of the other parent`s intention to move with your child, please contact our family law lawyers.
If it is determined that the old law applies, it may be important to know if your act is a paternity or divorce suit, or if it began as such. If it were paternity, some jurisdictions interpret the Resettlement Act to mean that it does not apply. Depending on the circumstances, one parent may apply for a change of placement if they want to move or prevent the other parent from moving. If the prosecution began as divorce proceedings, the old referral law applies. The parties will attend an initial hearing within 30 days of the proposed relocation request. The court will decide whether or not the proposed move is in the best interests of the child. There are certain requirements, set out in the legislation, that parents must meet. For example, the court may refer the parties to mediation, appoint a guardian or decide the matter for another hearing to be held within 60 days of the initial hearing.
The court may also temporarily authorize the child party to move. The Act also outlines the factors that the court must consider in a final decision to allow the child to move with the parent who moves at the last hearing. This new law requires that a parent who wishes to move more than 100 miles from the other parent, whether or not the move involves crossing state borders, must file an application with the court. Yes. Or, more precisely, the court can prevent children from moving, which has the same effect. Wisconsin`s law is a bit complicated, but it says the court can either prevent the move or change custody and housing provisions if the court finds that parents are often not quick to agree that their children are adult adults.