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.
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.
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.
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.
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