Custody/Visitation

Lovemyfamily

New Member
Jurisdiction
Wisconsin
I am wondering if I personally can file a motion or a change in custody from my divorce that was finalized over 10 years ago regarding custody of my children. My ex and I currently have 50/50 custody.

I have tired several times to speak with my ex regarding our children and how their home life is with him. He won't sit down and talk with me.

My children have voiced it for awhile now that they would like to tell a judge where they want to live.
 
I am wondering if I personally can file a motion or a change in custody


Yes, either party can petition the court to request a change in custody, visitation, or child support.

Your St. Croix County court website:

St. Croix County, WI | Official Website

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I have tired several times to speak with my ex regarding our children and how their home life is with him. He won't sit down and talk with me.

Neither of you are required to speak to the other.

Many divorced people communicate only via lawyers, or other trusted third parties.

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My children have voiced it for awhile now that they would like to tell a judge where they want to live.



Many parents protect their children by discouraging "taking sides".

In WI the court can decide to hear children above the age of 14 years.

Children 14 years old or older have the right to select a parent, and if the court approves, the judge will award that parent custody.

When children are under the age of 14, the court decides on a case-by-case basis whether to consider the child's wishes when creating the custody arrangement.

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Read what a few WI lawyers, DCF, and legal services say about requesting a change to existing custody or visitation:

Divorce, Custody, Child Placement & Family Law | Miller Legal Services, LLC

Modifying Child Custody in Wisconsin: What You Need to Know

Child Custody / Visitation - Wisconsin State Law Library

Wisconsin Child Welfare Services Process
 
I am wondering if I personally can file a motion. . . .

As opposed to what? You can file a motion by walking it into the court clerk's office yourself or you can have someone else do it for you or you can probably even file it by mail. You may also be able to file it online.

Is this really the only thing you intended to ask?
 
Yes, either party can petition the court to request a change in custody, visitation, or child support.

Your St. Croix County court website:

St. Croix County, WI | Official Website

=============================================================



Neither of you are required to speak to the other.

Many divorced people communicate only via lawyers, or other trusted third parties.

===========================================================

Read what a few WI lawyers, DCF, and legal services say about requesting a change to existing custody or visitation:

Divorce, Custody, Child Placement & Family Law | Miller Legal Services, LLC

Modifying Child Custody in Wisconsin: What You Need to Know

Child Custody / Visitation - Wisconsin State Law Library

Wisconsin Child Welfare Services Process[/QUOTE]
As opposed to what? You can file a motion by walking it into the court clerk's office yourself or you can have someone else do it for you or you can probably even file it by mail. You may also be able to file it online.

Is this really the only thing you intended to ask?

I did not know if I could or if I have to have an attorney do it.
 
Yes, either party can petition the court to request a change in custody, visitation, or child support.

Your St. Croix County court website:

St. Croix County, WI | Official Website

=============================================================



Neither of you are required to speak to the other.

Many divorced people communicate only via lawyers, or other trusted third parties.

===========================================================





Many parents protect their children by discouraging "taking sides".

In WI the court can decide to hear children above the age of 14 years.

Children 14 years old or older have the right to select a parent, and if the court approves, the judge will award that parent custody.

When children are under the age of 14, the court decides on a case-by-case basis whether to consider the child's wishes when creating the custody arrangement.

============================================================

Read what a few WI lawyers, DCF, and legal services say about requesting a change to existing custody or visitation:

Divorce, Custody, Child Placement & Family Law | Miller Legal Services, LLC

Modifying Child Custody in Wisconsin: What You Need to Know

Child Custody / Visitation - Wisconsin State Law Library

Wisconsin Child Welfare Services Process

Thank you for this information it was very helpful.
 
It is in "The Children's" best interest NOT YOURS or YOUR EX that you two learn to co-parent! You also need to leave the children out of the discussion! This avoids taking sides which can and will hurt both of you in court. Yes you can alter custody however you best have good reason! It will be best to resolve the issue between you and avoid court. If other parent wont talk explain that other option is court and neither side will get what they wan tout of that most likely. BOTH of you need to learn to co parent the children Co-Parenting Advice For Your Children | Parent Nook
 
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