When significant changes occur in life, it may become necessary to request modifications to custody or support orders. Understanding when and how such modifications can take place is crucial. If you wish to modify child custody orders or modify support orders in Wisconsin, it is important to understand the legal process involved. The family law attorneys at Muter Law Office, LLC, we are here to guide you through the steps necessary to request changes to your custody or support arrangements.

What Does It Mean to Modify Custody or Support Orders?

Modifying custody or support orders refers to seeking a change to an existing legal arrangement regarding the care of a child or the amount of child support paid. However, the process to modify child custody orders or support orders is not simple. In order to request such changes, the moving party must provide sufficient evidence that a modification is necessary based on significant changes in circumstances. It is essential to demonstrate that the current order no longer serves the best interests of the child or the parties involved.

When Can You Request to Modify Custody or Support Orders?

Many individuals in Wisconsin wonder, “When can I request to modify custody or support orders?” There are specific rules that govern how and when such modifications can be requested. In Wisconsin, the first two years following the entry of a final order are particularly important. If you wish to modify child custody orders or support orders within this period, you must demonstrate that the current situation is detrimental to the child’s well-being. This could involve presenting evidence that the child is being harmed emotionally or physically due to the existing arrangement.

If you seek a modification after the two-year mark, the burden of proof is still on you to demonstrate that the change is necessary. While it is easier to request modifications after two years, you still need to show that the modification is in the child’s best interest and that a significant change in circumstances has occurred.

What Happens After Two Years?

After the initial two-year period has passed since the final court order, requesting a modification becomes somewhat easier. Nevertheless, the court still requires that a substantial change in circumstances has occurred. This could involve changes in the parents' circumstances or the child’s needs. Examples include a parent’s relocation, changes in employment, or a significant alteration in the child’s health or educational needs.

Even after two years, the court’s primary concern remains what is best for the child. Modifications to child custody orders or support orders will only be granted if the court believes the requested change will better serve the child’s well-being.

What Does the Court Look for When Deciding to Modify Custody or Support Orders?

Whenever a modification is requested, the court will always consider the child’s best interest. For custody modifications, this means assessing whether the current arrangement is still in the child’s best interest. If there has been a change in the child’s circumstances, such as a parent becoming unable to care for the child, the court may consider altering custody arrangements. Similarly, when modifying support orders, the court will evaluate whether the current support amount is fair given the parents' financial situations.

How to Request to Modify Custody or Support Orders

The process of requesting a modification begins with filing a petition in court. This petition will outline the desired changes to the custody or support arrangement and provide reasons for the request. At Muter Law Office, we will assist you in gathering the appropriate evidence to support your case, whether that involves changes in the child’s needs, a parent’s financial situation, or other important factors.

Your petition will need to clearly demonstrate that the current custody or support orders no longer reflect the child’s best interests or the parents’ circumstances. The evidence presented will play a central role in determining whether the court agrees to modify the order.

Can You Modify Custody or Support Orders Without a Major Change?

While it is possible to modify custody or support orders in Wisconsin, simply being unhappy with the current arrangement is not enough. The court generally requires that there be a substantial change in circumstances before a modification can be requested. Examples of significant changes could include one parent’s serious illness, a change in the child’s educational needs, or one parent’s relocation.

If no major changes have occurred, it is unlikely that the court will grant a modification. However, if a substantial shift in the family’s situation has taken place, it may be appropriate to request a change in the custody or support orders.

What Happens if the Court Approves the Modification?

If the court agrees to modify custody or support orders, the new arrangement will become legally binding. This means that both parents are required to follow the updated rules. Whether it involves changes to the custody schedule or adjustments to child support payments, the new orders will be enforced until the child reaches adulthood or further modifications are requested.

Even after the court grants a modification, it is important to note that modifications may not always lead to drastic changes. Sometimes, the court will only make minor adjustments to the existing arrangement to better reflect the child’s current needs.

Get Help with Modifying Wisconsin Custody or Support Orders

If you are considering requesting a modification to your custody or support orders, it is important to receive guidance from an experienced family law attorney with a noteworthy track record. At Muter Law Office, we understand the complexities of family law and are committed to helping you protect your child’s best interests.

Our skilled and compassionate attorney, Misty Muter, is ready to assist you through the modification process, gathering the necessary evidence, and ensuring your request is handled appropriately. Contact the Muter Law Office today for a consultation, and let us help you determine if modifying your custody or support orders is the right choice for your family.