Legal Question in Family Law in Wisconsin

Re: Childrens Rights

In my state, there is never a time that a child has this kind of decision-making power. However, if mom and dad agree to a change, they can file a Stipulation to Amended Parenting Plan. They can also verbally agree to amend and never file the change. Verbal agreements are not enforceable; if problems arise, the prior written plan is what governs.

If one parent decides to go back to court, the court will consider the child's wishes among a host of other factors. Notice I said "will consider;" the court is not bound by the child's wishes. The parent seeking the change has to show that new facts, or facts that were unknown to the court when it entered the prior plan, have created a change in the child's circumstances, and that the changed circumstance is not in the child's best interest, and that the amendment is necessary to serve the child's best interest. That's a high hurdle. "Bobby wants to live with me" is not going to do the trick. If you believe the specific facts of your case rise to the level of �changed circumstances' and that the prior plan no longer serves the child's best interest, your best first step is to consult with an attorney to see if your facts are sufficient to convince the court to amend the plan.