Can Child Custody Be Modified In Wisconsin?

While reaching an agreement regarding child custody can be challenge, it is important to remember that just because there is a custody order in place doesn't mean you never have to worry about it again. In fact, there are several situations in which you or your child's other parent may be able to seek a modification to an existing child custody arrangement.

As Circumstances Change, So Can Your Custody Arrangement

In Wisconsin, custody modification requests generally fall into one of three situations:

  • Under two years: Even though courts will typically not change a child custody order that has been in effect for less than two years, if there is substantial evidence that a modification is needed because the current arrangement is emotionally or physically harmful to the child, the court may consider a modification request. However, obtaining a modification under these circumstances is often difficult to do.
  • More than two years: If it has been more than two years since the final order, then child custody can be modified so long as it is in the child's best interests and there has been a substantial change in circumstances. Examples of what may constitute a substantial change in circumstances include a parental relocation or a major health issue for one of the parties involved, among other situations.
  • Parental agreement: If the parents are able to reach an agreement regarding a proposed child custody modification without the court's help, then they can change a custody order at will. However, they still have to file this modification with the court and have it made part of the custody order before it is effective.

Legal disputes involving child custody issues can often be quite complicated, regardless of whether you are going through a divorce or are a single parent. In fact, not only are child custody disputes some of the most emotional family law cases, but they often involve many complex laws and detailed legal analysis. This is one reason why you should also consult with an experienced family law attorney should you have any concerns about a child custody dispute in Wisconsin.

The Law Offices Of Thomas Marola Is Here To Help You

If you have questions about custody modifications or child custody in general, The Law Offices of Thomas Marola can help. Contact us today and schedule your free consultation with an experienced lawyer. You can reach us online or by phone at 414-395-5654. While our office is located in West Allis, we serve families throughout the Milwaukee area, so contact us today and learn how we can help you.