(wisconsin) I have been divorced 1 year. Divorce judgement gave shared placement as 50/50. Up till now, ex now getting remarried, all has been very civil, and worked very well. Ex is now going for 90% placement with support. If evertything has been the same throughout, why would I loose any rights to placement? Isn't there a two year set judgement?

A lot of courts have time limits set but they aren't set in stone. Another thing is your getting married constitutes a major change. That can also bring forth court time over custody issues. If you have been at the 50% level and keeping up with visitation then the courts may not grant their request. Has he/she said why they want a change to occur ? It should be in any paperwork your getting from the courts.

Quote:

---

Originally Posted by califdadof3

Alot of courts have time limits set but they arent set in stone. Another thing is your getting married constitutes a major change. That can also bring forth court time over custody issues. If you have been at the 50% level and keeping up with visitation then the courts may not grant thier request. Has he/she said why they want a change to occur ? It should be in any paperwork your getting from the courts.

---

All out of greenies so I'll applaud -

Changed circumstances are grounds for a new hearing and request for change and the circumstances have changed.

From a legal stand point, what am I under scrutany for? What would give cause for me to loose placement, and her to gain it? What characteristics of parenting are they deciding the change on? Her getting married is not a change in me or my parenting, rather, a change in hers.

You're not under scrutiny at all inj a personal sense - the Courts will decide what is in the best interest of the child and the mother (and I can only guess what she's thinking) will argue that staying in one home with a parent and step parent is better for the child than splitting his/her time between two homes with single parents. The Court has the ability to request that all parties be evaluated by a trained counselor, including the child.

The change in support - ? Obviously the household income of your "ex" has changed. Is she required to notify the Court of changed circumstances and so she is?

The Court looks for stability - emotional, physical, financial.

She is requesting full support now from zero support before. I have no problem paying support based on equilization of income at prior judgement time, but, I believe the custody request now is to facilitate the full financial support now. She has declared a 5000 annual income this year, as from a 35000 income at final divorce. Is her alleged loss my responcibility now? Wouldn't placement with me in a physically, financially, stable home be deemed appropriate?

No one is saying that you are a bad parent. That is just something that the judge will have to decide. Judy explained what she is probably using as her grounds which I agree with (I agree that is what she is using not that she is right). You show up in court and argue your side that you want to keep your child your 50% of the time. Do you have a lawyer? They are generally pretty good at arguing for people.

Also, you can argue that, due to the change in circumstances, the child would be better off spending 90% of the time with you. It does work both ways.