– from Cheryl I. in Whitefish Bay, WI

Question Details:

My ex-husband and I have two kids, ages eight and ten. Right now I have full placement but we have joint custody. However I want to modify this and allow him placement as he has cleaned up his act a lot. I am just curious as to what types placements are allowed?

Family Law Attorney Response:

Thank you for your question. The court is allowed to modify placement, however there are certain placements not allowed by the court. There also needs to be substantial evidence allowing for modification.

In the case of Poeschel v. Poeschel 115 Wis.2d 570, 341 N.W.2d 407 (Ct. App. 1983), a divorced couple attempted to switch placement every six months. While this could work for the two couples, the courts rejected this placement. It was decided that there are certain modifications the courts are allowed to make on custody and placement. This can include join custody, sole custody or placement within an agency. However splitting placement in half each year gives sole custody for that time, and is not allowed. Also in order for a modification to occur, there must be substantial evidence showing removal is necessary.

I hope this answers your question. If you have any other questions, please give us a call or visit one of our offices.

Dan Exner, J.D.

Family Law Attorney

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