Should I appeal for modification of child custody in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Beverly H. in Wayne, WI

Question Details:

My husband and I went through a divorce and she received custody because I did not have a stable income at the time. The judge told me to get a job and we can review custody at a later time. It has been two years and I have maintained a stable job. I want to appeal for custody. Is this a smart option?

Family Law Attorney Response:

Looking at your question and details, you must make a strong smart decision regarding custody.

In the case of Schwantes v. Schwantes, 121 Wis.2d 607, 360 N.W.2d 69 (Ct. App. 1984) a mother with custody of her children failed to meet a court order requirement. The father requested an appeal for modification of child custody, however the courts did not accept the request. While the court order was not met, there was no change in the best interest of the child. Even if there is a court order, modification of child custody cannot change unless there is a clear change in the best interest of the child based off the required Wisconsin State.

Learn how being a stepparent can affect child support and child custody.

If you would like to talk more about this, give me a call and we can see what is the best step for you.

Dan Exner, J.D.

Family Law Attorney

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