Calculation of miles for purposes of relocation of a child 100 miles or more from the other parent in an action affecting the family.
The amendment of current statutes would directly impact the processes involved in child custody disputes, particularly when one parent plans to move a significant distance. By specifying ‘driving miles’ in the law, the bill aims to create a more accurate reflection of the distance involved in relocations, which could influence the court's decisions regarding custody and visitation rights. Proponents of the bill argue that this change will lead to a more standardized and fair assessment of relocation requests and enhance the ability of courts to make informed decisions based on actual travel distances. However, the bill may also introduce more litigation as parents seek court rulings on their relocation plans, especially in contentious custody arrangements.
Assembly Bill 123 focuses on the legal framework surrounding the relocation of a child by a parent when the distance exceeds 100 miles from the other parent. This bill mandates that any parent wishing to relocate must obtain a court order unless they already reside more than 100 driving miles apart. The legislation aims to clarify and modify existing statutes related to child custody and placement, thereby impacting how family law is interpreted in such cases. Specifically, it introduces a new method for calculating the 100-mile requirement based on actual driving miles rather than straight-line distance, which is a significant shift in determining what constitutes a permissible relocation under Wisconsin law.
Overall, the passage of Assembly Bill 123 is not without its critics. Concerns have been raised regarding the potential for increased disputes between parents, particularly in cases where one is reluctant to allow relocation, fearing it might limit their access to the child. Opponents fear that the focus on ‘driving miles’ could complicate situations where a child's best interests are at stake, as logistical challenges might arise from defined distances. Additionally, there is apprehension that the bill could inadvertently lead to burdensome court procedures for parents wishing to relocate, thus prolonging custody disputes and impacting children adversely.