What Constitutes a "Substantial Change in Circumstances" in Wisconsin?

 Posted on June 17, 2025 in Child Custody

In general, Wisconsin family courts will not modify a child custody order without proof that a substantial change in circumstances has occurred since the decree. Additionally, the judge will not even consider modification of child placement unless it has been at least two years since the last order. There is only one exception to this rule – they will change it if your child is in danger of physical or emotional harm.

What exactly is a "substantial change in circumstances?" The phrase is broad and subjective. Ultimately, it is up to a judge to decide if the argument you make and the evidence you present are sufficient to prove a need to change the existing order. Before you file a petition to modify custody, talk to a knowledgeable Brookfield child custody attorney about building a strong argument in your case.

What Are the Reasons You Can Modify Custody in Wisconsin?

There is no definitive definition for a "substantial change in circumstance." When you submit your petition to modify a custody order, you are at the mercy of the judge’s discretion. However, some common reasons to modify include:

• Your child’s needs have changed.

• Either you or your ex remarried.

• One parent has been called for active duty as a U.S. servicemember.

• You or your ex needs to relocate a significant distance away.

• Your co-parent passed away.

• Your co-parent’s new partner or spouse has a criminal history or a history of child neglect or abuse.

• Your child is in mental, emotional, or physical danger under the current order.

• One parent is not following the current custody order.

If you and your co-parent agree to minor adjustments to your custody order, you can make them without interference from the court. However, if you need to make major adjustments or just want any changes to be legally binding, you will need to seek an official modification of the custody order.

What Evidence Is Needed To Prove a Substantial Change in Circumstances in a Custody Case?

The exact forms of evidence needed for your case will depend on the circumstances, but there are several ways to prove that your custody order needs to change. Official medical records, police reports, and school reports can provide evidence of a change. Witness statements from friends, family, doctors, therapists, and teachers can testify to changes in a parent’s behavior or changes in your child’s needs.

Conflicts between you and your co-parent can be proven through emails, text messages, and other forms of written communication, such as social media posts. Documenting issues with visitation and your co-parent’s failure to uphold the custody agreement can be used to establish a pattern of uncooperative behavior. Talk to your attorney about the types of evidence you will need to prove that the circumstances have changed in your case.

Schedule a Free Consultation With a Waukesha County, WI Child Custody Attorney Today

Modifying a child custody order can be complex. If you file a petition to change legal custody or physical placement, you need experienced Brookfield, WI child custody modification lawyers to help you navigate the legal process and protect your parental rights. Disputes can be mentally and emotionally draining, but the legal team at Bucher, Wolff & Sonderhouse, LLP can help you present your change requests so that the court understands how it will benefit your child. Call us at 262-232-6699 today to schedule a free initial consultation.