The Process for Changing Custody Orders in Wisconsin

The Process for Changing Custody Orders in Wisconsin

Changing custody orders in Wisconsin involves a structured legal process that requires careful consideration and adherence to state laws. Understanding this process can be crucial for parents who feel that adjustments to their custody arrangements are necessary for the best interest of their child.

1. Understanding the Grounds for Modification

In Wisconsin, custody orders can be modified under specific circumstances. The most common reasons include:

  • Significant changes in the circumstances of the child or a parent.
  • The best interest of the child has been jeopardized.
  • Disagreements on the original custody order that impact the child's wellbeing.

It's essential to establish that a substantial change has occurred since the last custody order was put in place, as merely seeking change for convenience is not acceptable under Wisconsin law.

2. Filing a Request for Modification

The first step in changing a custody order is to file a motion with the court that originally issued the custody order. This motion should clearly outline the reasons for requesting a modification and include relevant evidence that supports the claim of changed circumstances.

In Wisconsin, you will need to fill out specific forms, such as:

  • Motion for Change of Custody
  • Affidavit in Support of Motion

Once completed, these documents must be filed with the appropriate family court, and you may need to pay a filing fee.

3. Notify Other Parties

After filing your motion, it is mandatory to serve notice to the other parent or guardian involved in the custody arrangement. This notification allows them to respond to your request. The proper method of service will depend on the court's rules and may involve using a process server or certified mail.

4. Preparing for the Hearing

Once the motion has been filed and the other party has been notified, a hearing will be scheduled. Both parents will have the opportunity to present their cases. Preparation is key:

  • Gather evidence, which can include documents, statements from witnesses, and any supporting material that illustrates the need for change.
  • Consider hiring a family law attorney who can provide guidance and represent your interests during the hearing.

The court will evaluate all evidence presented and consider what arrangement serves the child’s best interests before making a decision.

5. The Court’s Decision

After deliberating, the court will issue a ruling regarding the custody modification. The judge will take into account factors such as:

  • The emotional, educational, and physical needs of the child.
  • The relationship of the child with both parents.
  • Any history of domestic abuse or substance abuse by either party.

If the court grants the modification, a new custody order will be established outlining the revised arrangements.

6. Appeal Process

If either party is dissatisfied with the court’s decision, there is an option to appeal. However, this process can be complex and requires substantial legal understanding, so consulting with an attorney is highly recommended.

In conclusion, changing custody orders in Wisconsin is a process governed by specific legal standards aimed at ensuring the welfare of the child. By following the proper legal procedures and presenting compelling evidence, parents can seek modifications that reflect the best interests of their child.