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Changes in your life may call for changes to child custody

Circumstances change as you go through life. The more significant changes may affect the terms of the child custody agreement that has been in place since your divorce. Your logical next step is to reach out for legal assistance to see if it is possible to modify the agreement.

In the state of Wisconsin, there are generally three scenarios to consider when there is a request to change a child custody agreement.

Agreement between the parents

The best situation is where both parents can reach agreement on the proposed modification without having to go through a court procedure. Nevertheless, you will still need to draw up the modification and file it with the court. It will become effective once it is part of the custody order.

An order of less than two years

The court does not usually grant a modification to a child custody order if it has been in effect for less than two years. However, if the arrangements that exist pose emotional or physical harm to the child, the court may consider the request for change.

An order of more than two years

As long as the child custody order has been in effect for more than two years, and as long as the modification is in the best interests of the child, the court should approve the request. However, the circumstances that lead to the request must be substantial. Examples include a major health issue or relocation of one or both parents. You may also request child custody modification if the other parent has developed an addiction to drugs or alcohol or has been arrested for a crime. Another legitimate reason for modification is that your ex has abused or molested the child.

Thinking ahead

The welfare of the young person is always the most important consideration in child custody agreements. How you and your ex resolve issues now will have an effect on the life of your child both in the short term and in the coming years. If a situation has changed significantly, your best course of action is to seek modification to the existing child custody agreement without delay.

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The Law Offices of Thomas Marola
2230 S. 108th Street
West Allis, WI 53227

Phone: 414-395-5654
Fax: 414-546-2990
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