If you’re like most parents, spending time with your kids is the highlight of your day. However, divorce can really cut down the time that you have together—and if you’re not getting enough time with your children because of your existing custody agreement, you might be able to change it.
Changing a Child Custody Agreement in Wisconsin
While some former couples are able to work out new solutions to their custody agreement when one feels it’s not working, not everyone is so fortunate. In fact, custody is one of the most contentious areas of divorce; usually, parents don’t see eye-to-eye when it comes to switching up the schedules or moving a child from one home to another.
Because the laws can be a little confusing, and because Wisconsin courts require petitioners to follow very strict procedures, most people turn to a child custody attorney when they need to make changes.
How to Change an Existing Custody Order
Your attorney will draft the new agreement and submit it to the court. The court doesn’t have to approve it, and bear in mind that the agreement is only legally enforceable if the judge signs it and makes it an order.
Either parent can request to change the agreement, but the court won’t order a change unless more than two years have passed since the initial agreement unless the child is in physical or emotional danger.
How to Prove that You Need to Change Your Custody Agreement
If you want to change a custody agreement in the state of Wisconsin, the change must be in your child’s best interests. That means you’ll need to prove to the court that your child will be better off with the change.
That’s not always easy. The judge will consider several factors, including how adjusted your child is at home, at school and in the community. He or she might also consider what your child prefers, although that’s not always the case.
Generally speaking, it’s best to talk to an attorney if you’d like to change your custody agreement. Your lawyer can help you draft a new agreement and represent your child’s best interests in court.