QUESTION
How to obtain equal shared custody when it states it in our stipulation?
Asked on Nov 01st, 2016 on Family Law - Wisconsin
More details to this question:
I recently filed for change of placement for many factors. In our signed stipulation it states "the parties shall have equal shared placement with the minor child as detailed in the attached Parental Agreement signed by the parties on July 2, 2014. However in that attached Parental Agreement it does not reflect 50/50 whatsoever. The signed Parental Agreement was from mediation prior to our stipulation. Mistake or not, given the wordage used could this be used in order to obtain equal shared placement? Please help. Her lawyer states"Your comment with regards to provision E in the Parental Agreement of July 2, 2014, has been addressed in the past and, as you know, the two of you never had equal shared placement with the minor child. At this time, my client is not inclined to agree on equal shared placement, however, placement issue will certainly be addressed in mediation and if the two of you cannot agree upon a revised Physical Placement Schedule.
1 ANSWER
4 Awards
Forgetting the labels attached, what is the placement schedule? I think that is the key to what your rights are under the prior court orders. Somewhere in your court papers is the schedule spelled out? In order to modify now, you have to show a significant and compelling reason to modify the orders if after 2 years from the initial orders. You indicate that the parental agreement was signed on july 2, 2014, so assuingly, you are now past the 2 year prohibition on modifying custody or placement unlesss you can show the children are in immiment physical or emotional danger. There remains a presumption that things should be left "as is."
Answered on Nov 02nd, 2016 at 6:54 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