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What to expect at a child custody modification hearing?

Milwaukee, WI |

Divorce granted in May.
Father awarded sole legal and physical custody.
Mother lives down south, rarely calls the kids but now wants full custody and wants them to move.
Father plans to ask the judge to dismiss because it's under the 2 years that any major changes can be made.
What should my friend expect at this hearing? When it's time to make his statement should he just say that he's asking the court to dismiss this modification because it's under 2 years or should he go into detail about how this would be bad for the kids? (Thank you)

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Attorney answers 1


The burden of proof is upon the mother. Unless she can prove that there is a ground to reopen the order, such as fraud or excusable neglect, she will not get anywhere unless there has been physical or emotional harm to the children. Then, he needs to argue that she has not met the burden. He should consult with an experienced family law attorney to discuss this.

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