Child custody arrangements are designed around the best interests of the child. However, circumstances change, so even the most carefully crafted custody arrangement might no longer work if a parent decides to move farther away or the children’s needs evolve. While modifying these agreements is often difficult, family law in each state provides an avenue for parents to request changes in some circumstances. Here is an overview of petitioning the court for adjustments to the custody order in Wisconsin.

When Can You File?

Most states have a mandatory waiting period, during which neither parent can typically request changes to the custody arrangement. In Wisconsin, you must wait at least two years, unless you can prove that the arrangement as ordered is detrimental to the physical or emotional well-being of the child. Once the two-year period has elapsed, the courts can alter the arrangement for a variety of reasons, but the primary concern is always the best interests of the child.

Why Would You Modify a Custody Order?

Under Wisconsin family law, courts operate under a rebuttable presumption that the current arrangement is in the child’s best interests. To counter that presumption, you must usually show that there has been a material change in the circumstances upon which the initial order was based. For instance, perhaps you have a substantially higher income, allowing you to find a living situation more suitable for the children. One parent moving out of the area is another common cause for modifying custody orders, or the other parent might be engaging in a dangerous behavior that puts the children at risk.

The court will also grant custody modifications if one parent consistently fails to pick the child up or skips visitation. In some cases, you and the other parent may jointly petition the court for a rearranged schedule that better suits your lifestyle and the needs of the child.

For over 25 years, the family law attorneys at Arndt Buswell & Thorn S.C. have helped clients throughout Monroe County, WI. Whether you’re going through a divorce or involved in a child custody dispute, their team will identify all of your options and help protect your interests. Follow their Twitter page for more legal tips and professional insight, and visit their website for an overview of their services. To schedule a consultation with a family law attorney today, call (608) 269-1200.