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We currently have 70/30 placement schedule. He has the kids for 12 hours during the week (no weeknight overnights, just a few hours each week day) and then we alternate weekends. He now claims his hours have changed and every other week he must work a later shift. He now states he should have 50/50 because the week he works early hours the kids could live with him. He wants a 7 on 7 off schedule. I came up with a modified placement schedule that provides him with the exact same number of overnights as he currently gets in a year but he claims it is too confusing. How likely is a judge to grant 50/50 based on this? Is this a substantial change?
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While no one can promise or predcit the outcome of a custody case, it seems to me, going from 12 hours a week, to week on week off, is a monumental leap for him to make. The presumption is everything should be left as is, under WI law. He must show a substantial change of circumstances since the last court orders to modify custody and placement. I also have never seen in my practice the court order week on week off placement. The parties can agree to it and make it a court order, but if up to the court, I would be suprised that they would order such a placement schedule.
Answered on Sep 01st, 2018 at 7:47 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com