Milwaukee County Child Custody Agreement Modifications
We provide personalized, professional legal representation you can depend on while seeking a modification of your Milwaukee County child custody agreement.
Child custody issues can be contentious, whether you are negotiating an initial custody arrangement or trying to modify an existing agreement. Your relationship with your child is at stake throughout this process, which is why you need experienced attorneys on your side. The Milwaukee County child custody attorneys at MacGillis Wiemer, LLC, will protect your legal rights during custody modification and help ensure that the agreement is in your child’s best interests.
Child custody agreements are not always permanent. Circumstances change, which is why Wisconsin allows parents to request modifications to their custody and physical placement arrangements, but only if certain conditions are met. Here is what you need to know about requesting a modification:
- You need court approval. Only a court can change a custody or placement agreement.
- There is a waiting period. The law requires you to wait at least two years before requesting changes to the original custody agreement. The only exception to this rule is proving that the current arrangement is physically or emotionally harming your child.
- There must be a substantial change in circumstances. After the two-year period, a parent can file a court motion requesting modification, but only if the parent can demonstrate a substantial change in circumstances. The experienced attorneys at MacGillis Wiemer, LLC can help determine if you meet this criteria.
- Modification is in the child’s best interest. As always, the court will not make a decision affecting a child unless that decision is in the best interest of the child. However, courts presume that the current arrangement is already in the child’s best interests. Parents seeking to modify their arrangement must present sufficient evidence to rebut that presumption.
Courts only modify custody agreements if there has been a substantial change in circumstances. Generally, a change in a parent’s marital status or economic circumstances is not a substantial enough change. (Financial factors are considered in changes to child support, however.)
Wisconsin law does not specifically define “substantial change in circumstances.” But here are a few factors that courts might consider in deciding whether to grant your modification request:
- Whether the custodial parent has developed a substance abuse problem
- Whether the child is being physically or emotionally abused
- Whether the parent is moving to a different city or state and how that will affect the child’s relationship with the other parent, and
- Whether the child is having behavioral issues.
Of course, these are not the only factors that could affect a custody modification. An experienced attorney can help you determine whether your situation constitutes a substantial change.
At MacGillis Wiemer, LLC, we protect you in child custody matters that affect both your parental rights and the best interests of your child. Get the professional legal representation you need in your case and contact our Milwaukee County child custody attorneys today to request a free consultation.