– from John P. in Erin, WI

Question Details:

I currently have full custody of my son, but know that it is better for his future to live with his mother as she lives in a better school district and a safer neighborhood. I am fine with paying child support. What is necessary to prove the switch is in his best interest?

Family Law Attorney Response:

Thank you for your question. This is a big decision to make for a parent, however, since you already have custody of your son, the process is easier, as discussed in Tieberg v. Ehlke, 137 Wis.2d 228, 404 N.W.2d 84 (Ct. App. 1987).

When the child is residing with the parent from whom the change of custody is sought, a party only needs to show it is in the best interest based off substantial evidence.

Learn more about modifying child custody.

If you have any more questions, feel free to call.

Dan Exner, J.D.

Family Law Attorney

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