Wisconsin Family Law Insider
This 2-Year Rule Stops Most Parents in Wisconsin Custody - #78
Most parents assume that once two years pass, they can simply ask the court to change custody. It's not that simple. Wisconsin uses a two-prong test: first, you prove a substantial change in circumstances since the original order. Then you prove the change you're requesting is in the child's best interest. Filing without meeting both prongs wastes time, money, and credibility with the judge. In this episode, Attorneys Holly Mullin and Michelle Gordon of Sterling Lawyers break down Wisconsin's two-year rule, what actually qualifies as a "substantial change," why a teenager's tablet use probably won't get you a modification, what happens when mediation fails, and how the Guardian ad Litem's recommendation shapes the court's decision. The difference between custody (decision-making) and placement (parenting time) — and why most parents confuse them The two-year rule: within two years, you need harm or threat of harm to modify; after two years, you need a substantial change in circumstances plus best interest What counts as a substantial change: relocation, child starting school, employment changes that affect overnights — and what doesn't count: remarriage, the child aging, speculation A real case example where a parent tried to modify based on a teenager's tablet use — and why it failed The burden of proof: the parent requesting the change is the one who has to prove it Mediation as the mandatory first step, and what happens when it fails The Guardian ad Litem: who they are, what they investigate, how powerful their recommendation is, and whether you can challenge it If your custody or placement order needs to change — or if the other parent is trying to change it — call Sterling Lawyers at (414) 286-4749 or visit sterlinglawyers.com.
