How to Defend Against Your Ex’s Relocation Request

 Posted on December 28, 2025 in Child Custody

Finding out your ex wants to move away with your child can feel like the ground is dropping out from under you. One day, you are splitting weekends and sharing school pickups. The next, you are facing the possibility of only seeing your kid during summer breaks and holidays.

You do not have to sit back and accept this outcome. Wisconsin law gives you the right to fight back against a relocation request, and with the right approach, you have a good chance of winning.

When your ex files to relocate with your child in 2026, the court will not automatically approve the move. A judge must decide whether the relocation serves your child's best interests. Your job is to show the court exactly why staying put protects your child better than moving away, and our Madison child custody attorney can help. 

How to Prove a Move Would Harm Your Child

Wisconsin courts use a best interests standard when deciding relocation cases. Under Wisconsin Statute Section 767.481, a parent who wants to move more than 100 miles from the other parent within the state or more than 150 miles out of state must get court approval or the other parent's written consent. The relocating parent has the burden of proving the move benefits the child.

Your strategy should focus on showing how the move damages your child's life. Courts consider several factors when making this decision, including:

• The quality of the child’s relationship with each parent

• The child's adjustment to home, school, community

• The potential disruption to the child's stability.

Research from the American Academy of Pediatrics shows that children benefit from having strong relationships with both parents. There is no question that frequent, meaningful contact with you matters to your child's emotional development. A move that cuts your parenting time from weekly visits to a few times per year can seriously harm that bond.

Think about what your child would lose by moving. Their school, their friends, their sports teams, their extended family nearby. All of these connections matter, and you can argue that ripping your child away from this support system causes real harm.

Evidence That Proves Your Ex Shouldn't Be Able to Move with Your Child

Winning a relocation case requires solid evidence. Judges do not make decisions based on feelings or accusations. They need proof. Useful evidence includes:

• School records showing your child's academic progress and involvement 

• Medical records from local doctors and specialists 

• Records of your involvement in your child's activities 

• Communication showing your active role as a parent 

• Testimony from teachers, coaches, or counselors who know your child 

• Calendars documenting your parenting time 

• Evidence that the move is motivated by spite or a desire to limit your access

If your ex claims the move is for a job opportunity, dig deeper. Is the job real? Could they find similar work locally? Is there a new romantic partner driving this decision? Courts look unfavorably on relocations that seem designed to push the other parent out of the picture.

Emergency Steps if Your Ex Threatens to Move Your Kid Without Permission

Some parents try to skip the legal process entirely. They pack up and leave without getting court approval or your consent. This is a serious violation of Wisconsin law.

If your ex threatens to take your child without permission, you need to act fast. Contact a child custody attorney immediately to discuss filing an emergency motion. The court can issue an order preventing your ex from leaving the state with your child while the case is pending.

Document every threat in writing. Save text messages, emails, and voicemails. If your ex has already started making moving preparations like selling furniture or ending a lease, gather evidence of those actions too.

Do not wait to see if they follow through. Once your child is hundreds of miles away, getting them back becomes much harder. Acting quickly protects your rights and your relationship with your child.

Call a Madison, WI Child Custody Attorney Today

Your ex does not get to decide unilaterally where your child lives. You have rights, and you deserve a lawyer who will fight aggressively to protect them.

A Dane County child custody lawyer at John T. Fields & Associates, LLC understands what is at stake for you and your family. Call 608-729-3590 today to discuss your case and start building your defense against your ex's relocation request.