Asked on Mar 05th, 2017 on Child Custody - Wisconsin
More details to this question:
My children go to their fathers house every other weekend overnight. But they come back sick every time. Some times more sever than a cold. I feel it is best to change this agreement to no more over night visitation because I feel he isn't caring for them. What can I do?
How many children do you have and what are their respective ages? Your children could be getting sick for a number of different reasons, which may have something to do with what is going on at dad's house when they visit, or have nothing at all to do with it. I also don't know how you would be able to prove there is a link between visiting dad and the children getting sick all the time. In my opinion, this would not serve as a basis for modifyng placement or restricting dad to only day time placement. If within 2 years from your initial orders in WI, there cannot be any modification of custody or placement for 2 years unless the children are in imminent physical or emotional danger. After two years, there is a presumption that things should be left as agreed upon in the original orders and you would need to show a compelling and substantial reason for wanting to modify placement. Since every other weekend placement is a minimal schedule to begin with, I wouldn't expect the court to cut down even more, dad's placement with the children. The law since May 2000 has been shared-equal placement, which alllows the court to award significant periods of time between both parents. I would leave well enough alone as your attempt to modify dad's schedule downwards, probably would result in a counter claim by him asking for more time. There is no guarantee that if this is brought back to court, that his time gets increased, rather than decreased. Sometimes, it is just better to leave well enough alone. I would also talk to your children's pediatrician though on why your children are getting sick so often and whether it has anything to do with dad's care of the children. If he isn't providing medically prescribed medicatiions to your children, that would be a completely different issue as to why there might need to be a custody/placement change.
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