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rvlaw
rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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My fiancee wants to get shared placement of his child and ...

Customer Question

My fiancee wants to get shared placement of his child and that would mean changing placement he now has joint custody. The childs mother does not want this to be done and the child may not want a change either. Would this be possible does he have just as much right and a say in the childs life. As it is now he only get him every other weekend and sometimes she changes that if she want him. The boy is 12 we live approx 20 min from the mother different city. It would not make sense to have shared placement during the school year but would it still make sense to have shared placement on school holidays and in the summer
Submitted: 9 years ago.
Category: Family Law
Expert:  rvlaw replied 9 years ago.

Hi,

Your fiancee should apply to the court that issued the initial order for a modification. The criterion is always "the best interest of the child". The court will hear from him and his ex. The judge may also listen to the child; assess his maturity and give whatever weight the court sees fit to the boy's wishes.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

Expert:  rvlaw replied 9 years ago.

Here are sections of the WI code you should be aware of:

767.481(3)(a)2.a.
a. There is a rebuttable presumption that continuing the current allocation of decision making under a legal custody order or continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child. This presumption may be overcome by a showing that the move or removal is unreasonable and not in the best interest of the child.

767.481(3)(a)2.b.
b. A change in the economic circumstances or marital status of either party is not sufficient to meet the standards for modification under that subdivision.

767.481(3)(a)3.
3. Under this paragraph, the burden of proof is on the parent objecting to the move or removal.

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Customer: replied 9 years ago.
Reply to rvlaw's Post: Do you know what % of cases this change in placement happens. We do not want to start this and make things worse for him(my fiancee ) as it is, she seems to have strong hold infulence on child. We have both discussed that it would be benifical for the boy to "see a different way to live" recently unacceptable life choices on her part that we will not bring up.
My fear is the child will not want this change and we will have done all this for nothing ?
Expert:  rvlaw replied 9 years ago.

Hi,

Each case is decided on its own merits. What a mom, dad and child said in prior cases and the result in those cases are IRRELEVANT to what will occur in your case. Your best argument is her "unacceptable life choices" as they may affect the good of the child.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

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