– from Denise W. in Milwaukee, WI

Question Details:

I have two children ages three, and five. My wife and I recently divorced. We both petitioned for custody, but she won. She received full custody of both children, and I received monthly visitations. Is there any way I could take her back to court over this? I want custody of at least one of the children, my five year old son. Can I make a motion for custody of at least one of my children?

Family Law Attorney Response:

I understand that this is a very difficult situation for you. Being separated from your children on a day-to-day basis can be emotionally distressing. There are several things to consider in this situation.

One, do you honestly feel that it would be best to separate your children from each other? And two, is there a justifiable reason that would merit the separation?

There was a case with similar circumstances where this situation was brought into question. Case 109 Wis. 2d 36, 324 N.W.2d 901 (Ct. App. 1982), Corcoran v. Corcoran. In this case, a father had lost child custody rights to his wife, as well. He also attempted to appeal in order to gain custody of one child. He was unable to do so based on his inability to provide sufficient evidence that there was a need to separate the two. He could not demonstrate why it would have been in the children's best interest.

My advice would be to contact a family law attorney and discuss your situation in detail. Visitations may be amended to weekly visitations, rather than monthly. Other amendments may also be made, such as having them for certain holidays and occasions. A one-on-one discussion with a family law attorney would definitely be in your best interest. He/She will be able to advise you on the proper direction, and explain what can be done. “

Dan Exner, J.D.

Family Law Attorney

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