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Bucher Law Group, LLC

When Should a Wisconsin Parenting Agreement Be Modified?

Posted on in Divorce/Family Law

Waukesha County divorce attorney child custody

During the divorce process, it is important for parents to come to an agreement on child custody, visitation, and child support, either through a cooperative negotiation or a court order. This agreement should focus on the best interests of the children at the time of the divorce. However, in the years that follow, changing circumstances may make it necessary to pursue modifications to the parenting agreement to ensure that it continues to work for both the kids and the parents.

Reasons to Modify a Parenting Agreement in Wisconsin

After a divorce, there are a number of situations in which it may be beneficial or necessary to modify the original parenting agreement. Some possible reasons for a change include:

  • The modification is in the children’s best interests. This is the primary concern that the court will consider regarding any request for modification. Any change must be made in order to improve or maintain the well-being of the children.

  • The current visitation schedule is no longer practical. Changes in school, work, and extracurricular activities may make it difficult for children and parents to follow the specific visitation schedule determined during the divorce. Modifications may be possible to make the schedule more manageable, especially when it is possible to maintain equal time for both parents.

  • Both parents agree to a modification. The court will usually consider a request for a modification that both parents have already agreed to, as long as it is also in the best interests of the children. However, it is still important to officially file your request for modification in this case.

  • One parent intends to relocate. In Wisconsin, if one parent wishes to move at least 100 miles away from the other, he or she must follow the necessary procedures to obtain permission from the other parent or the court. This also usually requires a modification to the visitation schedule to accommodate the increased distance.

  • A parent’s financial situation changes. In general, Wisconsin custody and visitation agreements cannot be modified solely because of a change in a parent’s financial situation. However, child support arrangements may be modified to make payments more manageable for a parent who has lost income.

  • A parent poses a danger to the children. If, after the divorce, the court determines that either parent is dangerous to the children, it will likely be necessary to modify the custody agreement to stop that parent’s custody and visitation. In some cases, supervised visitation may be allowed. 

Whenever a modification is necessary, an experienced divorce and family law attorney can help you follow the appropriate legal procedures and make your case for the desired changes.

Contact a Waukesha County Family Law Attorney

At the accomplished Bucher Law Group, LLC, our legal services do not end with the finalization of your divorce decree. We can continue to help you protect the rights and interests of you and your children well into the future. To learn more about how we can help you achieve a fair settlement, discuss your case with our skilled and dedicated Milwaukee County divorce lawyers. Call us today at 262-303-4916 to schedule a free consultation.

 

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/767/v/451

https://dcf.wisconsin.gov/files/publications/pdf/861.pdf

 

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