Joint custody arrangements work well when both parents cooperate. However, situations change, and one parent may seek sole custody. In Wisconsin, parents modifying joint custody must prove that a significant change occurred and that modifying custody benefits the child.
What qualifies as a substantial change?
Wisconsin courts do not modify custody orders without a valid reason. Parents must prove a substantial change in circumstances. This could include a parent’s relocation, substance abuse issues, criminal behavior, or failure to meet parental responsibilities. Courts prioritize stability, so minor disagreements do not justify a change.
How does the court determine the child’s best interests?
The court examines multiple factors when deciding custody modifications. These include the child’s relationship with each parent, educational needs, emotional well-being, and any history of domestic violence or neglect. If one parent proves that sole custody benefits the child more than joint custody, the court may grant the request.
What steps are involved in modifying custody?
The process starts when a parent files a motion with the court. The requesting parent must present evidence showing why sole custody is necessary. Mediation may occur before a hearing. If the parents cannot agree, a judge reviews the testimony and evidence before making a decision. Depending on the complexity of the case, the process can take months.
Is modifying custody difficult?
Changing custody from joint to sole requires strong evidence. Wisconsin courts emphasize stability and assess whether the change supports the child’s well-being. If the request succeeds, the modification alters legal decision-making and possibly visitation (placement) arrangements.
