QUESTION

Child Placement

Asked on Mar 16th, 2016 on Child Custody - Wisconsin
More details to this question:
My ex-wife has filed a court case to take primary placement of my three children. Our middle child, Reuben, has behavior and attitude issues. He is 13. She insinuates in her affidavit that this is due to our placement schedule and my parenting. What should I expect in court? Do I need to get a lawyer yet? Can I read a prolonged statement that I have prepared, to the family court commissioner, when it is my turn to speak? Can I provide him with a copy of what I am reading? What will it take for the court to grant her request with a temporary order to take the children from me while we go to mediation regarding a new schedule? What is the burden she must meet in order to get primary placement of the children, or to change the schedule at all?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
In answer to your question, let's start with the law first, instead of the facts or procedures you are asking about. In  Wisconsin, if the motion is filed within 2 years from the date of your initial custody and placement orders, she would need to show that your children are in imminent physical or emotional danger to convince the court that the equal placement arrangement should be modified. It is an extreme high burden to meet and one that I see very rarely in my own practice. After the initial two years, either party may petition to modify the custody and placement orders. However, while the burden is reduced from the first two years, it still remains difficult and one must show that there has been a significant and substantial change to convince the court to modify the original orders. There is also a presumption under the law that placement and custody should be left "as is."  She bears the burden of overcoming this legal presumption, which is not easy to do.        I am sorry to hear your middle child is having difficulties, but your child could be having problems for many different reasons, none of which have to do the with the current placement arrangement. Perhaps, rather than a custody fight, you two are better advised to hire an experienced family therapist to provide counseling to your child to figure out what the problems are and where they are coming from. If the therapist thinks it is appropriate to modify the placement arrangement, that is something you both could consider, as I am sure you both want what is best for your son. In terms of reading a lengthy statement in court, that is ill advised. The court is probably not going to allow you to do that, mostly because courts are very busy and you may have as  little as 30 minutes allocated for your first court hearing. They will not let you read a lengthy statement, particuarly, if that doesn't address the issue or problem at hand.  If your ex spouse has a lawyer, you are well advised to hire a lawyer as well to fight for you in court. You are too close and emotional to the situation so you should have an attorney help you.  The court also routinely will make no orders to modify placement until you first have mediated the case. If mediation fails, the court will appoint a  guardian ad Litem, (attorney) that will meet you, your ex, the children and talk to collateral sources. They will advocate for the best interests of your minor children and make recommendations to the court on what they feel is best and whether the schedule should remain as is, or be modified to award your ex wife primary placement. She bears the burden of proof and it is going to be a difficult uphill battle for her. No one can promise or guarantee you the outcome, but to protect yourself and to avoid your geting too emotional about things, you should seriously consider hiring a lawyer to help you with the case.
Answered on Mar 17th, 2016 at 4:18 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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