– from Bobby H. in Wauwatosa, WI

Question Details:

My wife and I divorced about two years ago. We had what you could call, a custody battle. She won, and was awarded full custody of our three children. Since then, her financial situation has changed. She changed jobs several times, and I believe she is making less money now. As a result, she is under a lot of stress. I have heard that because of this, my children are no longer enjoying the quality of home life that they are used to. Could I take her back to court and petition for a change of custody?

Family Law Attorney Response:

Thank you for your question. There are several things you should take into consideration before heading straight into court. The first thing to consider, is the burden of proof. I noticed that you mentioned that you “heard” these things, but can you prove them?

In the case of Poeschel v. Poeschel, 115 Wis. 2d 570, 341 N.W.2d 407 (Ct. App. 1983), a man petitioned the court for a change of custody. The court ordered alternating custody, however, the victory was short lived. It was later reversed on the grounds that the husband had failed to provide sufficient evidence that the change of custody was in the child's best interest. Another point to consider, would be legal representation. The case of Poeschel v. Poeschel is only one of many possible scenarios, and as such, my advice would be to speak to a family law attorney to discuss the details of your case to see what could be done.

Click here to learn about the role of a parenting coordinator during divorce.

Dan Exner, J.D.

Family Law Attorney

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