Legal Question in Family Law in Wisconsin
Is there anything my husband can do to get more time with his son? Mediation does not work. She will not change the schedule unless the court rules it. But my understanding is they won't do anything without filing a motion but need substantial reasons. There is none just wants 50/50.
2 Answers from Attorneys
It depends.
The substantial change in circumstance is related to a statute that say after the judgment there is a higher standard for change in the first TWO(2) YEARS. So, after the two year mark it is just best interest of the child.
BUT... some judges read that statute as being on the inital judgment only, some don't. Milw is one of those that do not, every judgment requires 2 years there. So, you should talk to someone in your jurisdiction to find out if that two(2) year requirement applies to you.
FYI, a change in his schedule can be considered a change in circumstances. So, he use to be working 12 hours a day, now he only works 8 a normal day might fly with the commissioner.
YES, you will have to file a motion to modify. You can also file a motion to compel or for contempt if you have reason. Sometimes that can be a better way to go.
I recommend that you speak to a family law attorney. It is true that a substantial change in circumstances is needed to modify placement time, but that change can be any number of things. In my experience, in Dane and surrounding counties, changes in circumstances are viewed rather broadly, particularly the more time that passes from the original order.
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