Legal Question in Family Law in Wisconsin

Re: Changing Primary Placement

Unless the paties agree, a court may substantially modify an order for custody or placement within 2 years after the final judgment determining legal custody or physical placement is entered ONLY if a party shows by substantial evidence that it is necessary to do so because the current conditions are physically or emotionally harmful to the best interest of the child.

After the 2−year period, a court may modify an order ONLY if the court finds that:

a. The modification is in the best interest of the child.

b. There has been a substantial change of circumstances since the last order affecting custody or physical placement.

There is a rebuttable presumption that continuing the current allocation of decisions making and continuing the child�s physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child.

A change in the economic circumstances or marital status of either party is NOT sufficient to meet the standards for modification.

A court CAN modify an order of physical placement which does not substantially alter the amount of time a parent may spend with his or her child if the court finds that the modification is in the best interest of the child.

If this is to be contested you absolutely should have legal reresentation and in fact a guardian ad litem will be appointed to represent the child(ren)as well.