– from Eugene X. in Hartland, WI

Question Details:

My wife and I are now divorced. We were awarded joint custody of our son, but she was awarded physical custody. I don't see how this works considering I am supposed to have equal custody. Can I request a  modification to this order so that I can have equal access to my son?

Family Law Attorney Response:

Each child custody case is heard and decided by the court based on individual circumstances, so it depends on the ruling.

I can give you an example of a similar hearing as one possible outcome to your case. In the case of Miller v. Miller 136 Wis. 2d 441, 401 N.W.2d 846 (Ct. App. 1987) (Overruled in part by Herrell v. Herrell, 144 Wis. 2d 479, 424 N.W.2d 403 (1988)), a similar situation took place where the husband and wife were awarded joint custody, but the mother was awarded physical custody. The father requested a modification to the order in regards to physical placement. The court felt that the burden of proof fell to the father as to why a modification should be granted. At the conclusion of the trial, the court decided that the father had failed to meet this provision. The father appealed, and the court pf appeals reversed.

Click here to learn about changing a minor's last name.

My advice is to contact an attorney right away in order to discuss the details of your case and to establish a plan moving forward.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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