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SB131: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0421/1
SWB:skw
2025 SENATE BILL 131
March 14, 2025 - Introduced by Senator
Jacque
, cosponsored by Representatives
Goeben
,
Armstrong
,
Brooks
,
Knodl
,
Mursau
and
Wichgers
. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
SB131,1,4
1
An 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;
3
relating to:
calculation of miles for purposes of relocation of a child 100 miles
4
or 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:
SB131,1
1
Section
1
.
767.001 (1fm) of the statutes is created to read:
SB131,2,3
2
767.001
(1fm)
“Driving miles” means the actual distance traveling by road
3
required to get from one location to another.
SB131,2
4
Section
2
.
767.117 (1) (c) of the statutes is amended to read:
SB131,2,10
5
767.117
(1)
(c) Unless the action is one under s. 767.001 (1) (g) or (h), without
6
the consent of the other party or an order of the court, relocating and establishing a
7
residence with a minor child of the parties more than 100
driving
miles from the
8
residence of the other party, removing a minor child of the parties from the state for
9
more than 90 consecutive days, or concealing a minor child of the parties from the
10
other party.
SB131,3
11
Section
3
.
767.215 (2) (j) 1. of the statutes is amended to read:
SB131,2,13
12
767.215
(2)
(j) 1. Relocating and establishing a residence with a minor child of
13
the parties more than 100
driving
miles from the residence of the other party.
SB131,4
14
Section
4
.
767.41 (6) (h) 3. of the statutes is amended to read:
SB131,2,18
15
767.41
(6)
(h) 3. That a parent granted periods of physical placement with the
16
child must obtain a court order before relocating with the child 100
driving
miles or
17
more from the other parent if the other parent also has court-ordered periods of
18
physical placement with the child.
SB131,5
19
Section
5
.
767.481 (1) (a) of the statutes is amended to read:
SB131,3,4
20
767.481
(1)
(a) Except as provided in par. (d), if the court grants any periods of
1
physical placement with a child to both parents and one parent intends to relocate
2
and reside with the child 100
driving
miles or more from the other parent, the
3
parent who intends to relocate and reside with the child shall file a motion with the
4
court seeking permission for the child’s relocation.
SB131,6
5
Section
6
.
767.481 (1) (d) of the statutes is amended to read:
SB131,3,12
6
767.481
(1)
(d) The requirement to file a motion under par. (a) does not apply
7
if the child’s parents already live more than 100
driving
miles apart when a parent
8
proposes to relocate and reside with the child. If the parents already live more than
9
100
driving
miles apart, the parent who intends to relocate with the child shall
10
serve written notice of his or her intent to relocate on the other parent at least 60
11
days before relocation. Such written notice shall include the date on which the
12
parent intends to relocate and the parent’s new address.
SB131,7
13
Section
7
.
767.481 (5) of the statutes is amended to read:
SB131,3,23
14
767.481
(5)
Stipulations.
At any time after a motion is filed under sub. (1),
15
if the parties agree that one parent may relocate more than 100
driving
miles away
16
from the other parent, the parties may file a stipulation with the court that
17
specifies that neither parent has any objection to the planned relocation and that
18
sets out any agreed upon modification to legal custody or periods of physical
19
placement, including responsibility and costs for transportation of the child
20
between the parties under a proposed new placement schedule. The court shall
21
incorporate the terms of the stipulation into an order for the relocation or a revised
22
order of legal custody or physical placement, as appropriate, unless the court finds
23
that the modification is not in the best interest of the child.
SB131,3,24
24
(end)
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