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When Can I Modify My Wisconsin Parenting Time Agreement?

Posted on in Family Law

Waukesha, WI divorce and family law attorney

When you get a divorce in the state of Wisconsin and you are a parent, you are required to determine several things before you finalize your divorce. You must determine nearly everything related to your children, such as where they will live, what their custody arrangement schedule would look like, how much child support would be and who pays it, among other things. When you and your spouse come to an agreement about parenting time, you are then bound to that agreement for at least two years after the final judgment unless you have evidence that the current custody placement is harming the child in some way. If you are seeking to modify a Wisconsin parenting time agreement, help from an attorney can be extremely beneficial.

Reasons to Modify a Visitation Arrangement in Wisconsin

The first thing the court will consider when looking at your petition for modification is when the original order was entered. For the most part, a custody agreement has to have been in place for at least two years to be eligible for modification. However, in certain situations, you may be able to modify your existing child custody and visitation arrangement prior to the two-year wait period. Possible reasons for modification may include:

  • The change is in the child’s best interests: This is the factor that is at the top of the priority list for the courts. The main concern when any decision is made that involves minor children is that the decision is made with the child’s best interests in mind. The modification must be for the child’s well-being.

  • The current parenting time schedule is impractical: Sometimes, the agreement that you came up with when you first got divorced is not the agreement that is going to work for you and your family forever. If you are unable to follow the terms of your current custody agreement, a modification to make the terms more agreeable could be approved.

  • Both parents agree to the modification: Another situation in which the court would likely consider a modification is if the parents have both agreed to the same modification. As long as the change is also in the best interests of the child, it will likely be granted.

  • A parent intends to relocate: Another reason why a modification would be appropriate is if one parent intended to relocate at least 100 miles away from the other. Going through the steps to relocate typically also involves getting the other parent’s permission to take the child with you, making big changes to your custody agreement.

Contact a Waukesha County Divorce Attorney

If you are looking to have your child custody agreement modified for any reason, no matter if it is within two years of your original order or not, our skilled New Berlin child custody lawyers are here to help. At Wolff & Sonderhouse, LLP, we understand that there are various situations that could arise in which you may need your parenting time arrangement to be altered. Contact our office today at 262-232-6699 to schedule a free consultation.

 

Source:

https://docs.legis.wisconsin.gov/statutes/statutes/767/v/451

 

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