When your family circumstances change, an existing placement schedule may no longer meet your child’s needs. You might wonder whether the court will let you adjust the arrangement or require you to follow the current order. Wisconsin law sets specific rules for these requests.
Here is what you need to know before asking for a change.
Within two years, changes require proof of harm
During the first two years after a final custody or placement judgment, courts generally cannot approve a major change. This is unless you provide substantial evidence that the existing arrangement causes harm to your child, either in a physical or emotional way. This rule helps protect children from major disruptions soon after a court sets their schedule.
After two years, changed circumstances matter
After two years, you generally must prove there is a significant development in circumstances and that the proposed arrangement is better for your child. Under Wisconsin Statutes Section 767.451, a change in your income or marital status alone does not meet this standard. The court generally presumes that keeping the existing arrangement serves your child’s interests.
Smaller schedule changes follow a different standard
If your request would not substantially change the time you spend with your child, the court generally needs to find that the adjustment serves your child’s best interests. For example, you might request a minor schedule change to accommodate a new school activity without significantly reducing either parent’s placement time.
Review your options before requesting a change
Wisconsin law sets different standards depending on the type of change you seek, so reviewing your current order can help you understand which rules apply. Before changing the schedule yourself, consider discussing your concerns and supporting records with a family law attorney. They can review your order, assess whether your circumstances meet the legal requirements and explain how to request a modification through the court.