Family Law Questions? Ask a Family Lawyer Online.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).