– from Marie L. in Oconomowoc, WI

Question Details:

My husband and I got a divorce a few years ago. The judge awarded him custody of our children. I firmly believe he is abusing our children and the environment at his house mentally unsafe for our kids. My main concern is the children. What are the next steps I should take?

Family Law Attorney Response:

If what you are telling me is accurate and you can prove your ex-husband is abusing your children, then you have a strong case for modification of custody.

However there has to be proof. In the case of Millikin v. Millikin 115 Wis.2d 16, 339 N.W.2d 573 (1983), the court decided that in order for there to be modification of child custody, there must be substantial evidence supporting a change of custody and shows such removal is necessary to the child’s best interest. This requires you to provide substantial evidence supporting a change of custody. However, there must be more than support of a change in custody; something needs to show that removal is necessary.

Click here to learn more about modification of child custody.

Give me a call so we can discuss the details regarding your belief and we can set up a consultation to go over what the next step is.

Dan Exner, J.D.

Family Law Attorney

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