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Bill > SB131


WI SB131

Calculation of miles for purposes of relocation of a child 100 miles or more from the other parent in an action affecting the family.


summary

Introduced
03/14/2025
In Committee
03/14/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

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 Xdriving miles,Y defined in the bill to mean LRB-0421/1 SWB:skw 2025 - 2026 Legislature SENATE BILL 131 the actual distance traveling by road required to get from one location to another rather than the straight-line distance between those locations.

AI Summary

This bill clarifies how distance is calculated when determining parental relocation restrictions in family law cases by explicitly defining and requiring the use of "driving miles" instead of straight-line distance. Specifically, the bill amends several sections of Wisconsin statutes to specify that the 100-mile threshold for relocation must be measured by the actual driving distance between locations, rather than the direct distance as the crow flies. Under the new provisions, a parent with court-ordered physical placement of a child must obtain a court order before relocating with the child 100 driving miles or more from the other parent, with an exception if the parents already live more than 100 driving miles apart. In such cases, the relocating parent must simply provide 60 days' written notice to the other parent, including the intended relocation date and new address. The bill defines "driving miles" as the actual road travel distance required to get from one location to another, which could potentially impact parental relocation decisions by providing a more precise and practical measurement of distance.

Committee Categories

Health and Social Services

Sponsors (7)

Last Action

Representative O'Connor added as a cosponsor (on 06/24/2025)

bill text


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