Can I Take My Kids Out of State if My Spouse and I Are Legally Separated?

 Posted on February 28, 2026 in Child Custody

You and your spouse are legally separated, and you want to take the kids on a trip. Or maybe you’re thinking it’s finally time to up and move. In either case, you need to know what you’re legally allowed or not allowed to do. Getting this wrong can land you in contempt of court and hurt your position in your separation or eventual divorce.

If you have questions about your specific situation in 2026, a Madison family law attorney can help you figure out exactly where you stand.

Does Filing for Legal Separation Restrict Where I Can Take My Kids?

There is no statute that automatically bans all out-of-state travel with your kids when you’ve filed for a separation or divorce. Two things control what you can and cannot do during a legal separation: any temporary placement order the court has issued, and Wisconsin's relocation statute.

Wisconsin Statute § 767.481 governs relocating a child's residence when a divorce or legal separation is pending. "Relocation" means moving the child long-term. Short out-of-state vacations, like a weekend with grandparents or a week at the lake, are generally permitted unless a court order says otherwise.

What Are the Rules for Moving My Child During a Legal Separation?

When Both Parents Live Within 100 Miles of Each Other

If both parents currently live within 100 miles of each other, a parent who wants to relocate the child 100 miles or more away from where the other parent lives must either file a motion with the court and get permission or get the other parent's written consent before doing anything.

The parent who is not moving can either accept or reject the other parent’s proposal to move the child. If they accept, the court will usually approve the proposal, as long as the move is in the child’s best interests.

If they object and the court must get involved, it will look at things like:

• The reason for the move
• What is in the child's best interests
• The impact on the other parent's placement time
• Transportation logistics
• The child's ties to their current school and community
• Whether either parent is being unreasonable and refusing to communicate with the other
• If there is evidence of abuse of the child or parent by the other parent

When Both Parents Already Live More Than 100 Miles Apart

If the parents already live more than 100 miles apart when the separation is filed, the parent who wants to relocate must give the other parent written notice of their intention to move at least 60 days before moving. The notice must include the new address and the planned move date, and the non-moving parent can still object to the move.

In both situations, moving without following these steps can result in contempt of court or sanctions.

What If My Case Has a Temporary Placement Order?

Many legal separations involve temporary court orders for custody and placement. The terms about travel and notice control what you can do, even if Wisconsin’s relocation law would usually allow it. For example, a temporary order might say no out-of-state travel without ten days' written notice. That is separately enforceable, regardless of what § 767.481 says.

If your temporary order is too restrictive or your circumstances have changed, you should go back to court and ask for a modification. Don’t ignore the order and assume you can deal with the fallout later.

What If My Spouse Is Controlling Me Traveling with Our Child?

Some parents withhold travel consent for reasons that have nothing to do with the child's well-being. If this happens, you can file a motion asking the court to override the refusal. A judge will look at whether the travel is in the child's best interest, whether it actually interferes with the other parent's placement time, and whether proper notice was offered. Getting a court order is always better than just going anyway, unless you are in immediate danger. It also gets the other parent's bad behavior on the record.

Call a Rock County Family Law Attorney Today

It’s important to know where you can and can’t go with your kids during your separation. At John T. Fields & Associates, LLC, our attorney fights hard to protect your rights and your relationship with your kids — and to push back when the other side tries to use the rules as a weapon. Call John T. Fields & Associates, LLC at 608-729-3590 today to schedule a consultation with a Madison child placement lawyer.