Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB123 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2303/1
3	3	SWB:skw
4	4	2025 ASSEMBLY BILL 123
5	5	March 11, 2025 - Introduced by Representatives GOEBEN, KNODL, WICHGERS,
6	6	BROOKS, ARMSTRONG and MURSAU, cosponsored by Senator JACQUE. Referred
7	7	to Committee on Children and Families.
8	8
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 767.117 (1) (c), 767.215 (2) (j) 1., 767.41 (6) (h) 3., 767.481 (1)
11	11	(a), 767.481 (1) (d) and 767.481 (5); to create 767.001 (1fm) of the statutes;
12	12	relating to: calculation of miles for purposes of relocation of a child 100 miles
13	13	or more from the other parent in an action affecting the family.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, a parent granted periods of physical placement with a
16	16	child in an action affecting the family must obtain a court order if the parent
17	17	intends to relocate and reside with the child 100 miles or more from the other
18	18	parent if the other parent also has court-ordered periods of physical placement with
19	19	the child. Also under current law, during the pendency of an action affecting the
20	20	family, parties are generally prohibited from relocating and establishing a residence
21	21	with a minor child of the parties that is more than 100 miles from the residence of
22	22	the other party, if the party does not have consent of the other party or an order of
23	23	the court. The requirement to obtain a court order allowing relocation does not
24	24	apply if the parents already live more than 100 miles apart when a parent proposes
25	25	to relocate and reside with the child, but in that situation, the parent who intends
26	26	to relocate with the child must serve written notice of the intent to relocate on the
27	27	other parent at least 60 days before relocation.
28	28	This bill adds an express requirement that the 100-mile distance for purposes
29	29	of these provisions must be calculated as Xdriving miles,Y defined in the bill to mean
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33	33	4 2025 - 2026 Legislature
34	34	ASSEMBLY BILL 123
35	35	- 2 - LRB-2303/1
36	36	SWB:skw
37	37	SECTION 1
38	38	the actual distance traveling by road required to get from one location to another
39	39	rather than the straight-line distance between those locations.
40	40	The people of the state of Wisconsin, represented in senate and assembly, do
41	41	enact as follows:
42	42	SECTION 1. 767.001 (1fm) of the statutes is created to read:
43	43	767.001 (1fm) XDriving milesY means the actual distance traveling by road
44	44	required to get from one location to another.
45	45	SECTION 2. 767.117 (1) (c) of the statutes is amended to read:
46	46	767.117 (1) (c) Unless the action is one under s. 767.001 (1) (g) or (h), without
47	47	the consent of the other party or an order of the court, relocating and establishing a
48	48	residence with a minor child of the parties more than 100 driving miles from the
49	49	residence of the other party, removing a minor child of the parties from the state for
50	50	more than 90 consecutive days, or concealing a minor child of the parties from the
51	51	other party.
52	52	SECTION 3. 767.215 (2) (j) 1. of the statutes is amended to read:
53	53	767.215 (2) (j) 1. Relocating and establishing a residence with a minor child of
54	54	the parties more than 100 driving miles from the residence of the other party.
55	55	SECTION 4. 767.41 (6) (h) 3. of the statutes is amended to read:
56	56	767.41 (6) (h) 3. That a parent granted periods of physical placement with the
57	57	child must obtain a court order before relocating with the child 100 driving miles or
58	58	more from the other parent if the other parent also has court-ordered periods of
59	59	physical placement with the child.
60	60	SECTION 5. 767.481 (1) (a) of the statutes is amended to read:
61	61	767.481 (1) (a) Except as provided in par. (d), if the court grants any periods of
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81	81	20 2025 - 2026 Legislature
82	82	ASSEMBLY BILL 123
83	83	- 3 - LRB-2303/1
84	84	SWB:skw
85	85	SECTION 5
86	86	physical placement with a child to both parents and one parent intends to relocate
87	87	and reside with the child 100 driving miles or more from the other parent, the
88	88	parent who intends to relocate and reside with the child shall file a motion with the
89	89	court seeking permission for the child[s relocation.
90	90	SECTION 6. 767.481 (1) (d) of the statutes is amended to read:
91	91	767.481 (1) (d) The requirement to file a motion under par. (a) does not apply
92	92	if the child[s parents already live more than 100 driving miles apart when a parent
93	93	proposes to relocate and reside with the child. If the parents already live more than
94	94	100 driving miles apart, the parent who intends to relocate with the child shall
95	95	serve written notice of his or her intent to relocate on the other parent at least 60
96	96	days before relocation. Such written notice shall include the date on which the
97	97	parent intends to relocate and the parent[s new address.
98	98	SECTION 7. 767.481 (5) of the statutes is amended to read:
99	99	767.481 (5) STIPULATIONS. At any time after a motion is filed under sub. (1),
100	100	if the parties agree that one parent may relocate more than 100 driving miles away
101	101	from the other parent, the parties may file a stipulation with the court that
102	102	specifies that neither parent has any objection to the planned relocation and that
103	103	sets out any agreed upon modification to legal custody or periods of physical
104	104	placement, including responsibility and costs for transportation of the child
105	105	between the parties under a proposed new placement schedule. The court shall
106	106	incorporate the terms of the stipulation into an order for the relocation or a revised
107	107	order of legal custody or physical placement, as appropriate, unless the court finds
108	108	that the modification is not in the best interest of the child.
109	109	(END)
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