– from Ernest J. in Dousman, WI

Question Details:

When my wife and I were divorced, we agreed to joint custody. This was put in the final divorce judgment. However, I feel that it is in the best interest of our child that I have sole custody. Based on the grounds that it was decided that it was in the best interest of our child that we maintain joint custody, could the same be applied so that I may receive sole custody?

Family Law Attorney Response:

The same grounds could not be applied, but the reasoning is the same. First, you would have to prove to the court that it would in fact be in the child’s best interest. This is difficult to do when just recently you agreed to joint custody being in the child’s best interest.

Click here to learn about changing child custody visitation.

This is seen in the case of Herrell v. Herrell 144 Wis. 2d 479, 424 N.W.2d 403 (1988). In this case, a similar situation was seen where the father attempted to use the same grounds, and the circuit court agreed. However, the supreme court found that the same standard did not apply in subsequent hearings. The supreme court reversed the decision of the circuit court.

I advise you to speak with a family lawyer in order to define the specifics of your case. If it is warranted, sole custody is not out of the question.

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

Managing Partner

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