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Do I have equal rights by law as a father to have 50% placement of my children after divorce? I am involved with my children. I

Milwaukee, WI |

I divorced in 2008. It was ordered that one parent move so I did so I did not disrupt my childrens social network. I moved 25 miles away and it was determained at that time that I would not be able to have my children 50% of the time because I was out of thier school district. Since then I have moved 6 houses away from them, and lived here for over a year. I have always been a big part of my childrens life. I know the mother is using our children as leverage to colloect child suppport from me. Thier mother cannot even get our children to school on time which is 4 blocks away. The two younger children have multiple absences all on her visitation days as well as tardies because the mother cannot get out of bed in the morning.

Attorney Answers 1

Posted

Once a custody and placement order is in place, it is presumed to be in the best interests of the children to maintain the status quo of the order. You would need to establish that there has been a substantial change in circumstances since the entry of the last order, and that it has been at least two years from entry of the final judgemennt (if not 2 years, then you must prove it is harmful to the child to maintain status quo).

That being said a move of 25 miles is not a substantial change in circumstances according to case law. There may be other things you can establish, you would need to meet with an attorney to walk you through all of the potential changes that happened and what would qualify to be a substantial change.

You need to meet with an attorney in this matter.

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