Stevens Point, WI asked in Child Custody for Wisconsin

Q: Will my ex get 5050 after I have been primary caregiver since kids were born? Divorced now almost 2 years.

I have had primary placement (70/30) for over 2 years and perform all the primary caregiver functions. I moved and ended up closer to my ex to make shorter commutes for kid. For last 3 months I let him take them for 2 extra nights, because he asked and I did it out of the kindness of my heart. It is not a formal order. Now he wants 50/50 if I don't agree to child support adjustment. I have no issue but he wants to get out of child care costs and is making it all about the money for gaining extra time with the kids and is being very demanding. Can I go back to the 70/30 schedule & tell him to earn 60/40 through court if he's going to act like I owe him something? Will this reflect poorly on me? I know he'll try for 50/50 if we go to court, but I don't feel he will get this as he has taken no initiative to do any of those things, like school work or enrollment or doctor's appointments, etc. Not only that he looks stoned every time he does pu and drop off Feel like hes using again

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1 Lawyer Answer
Jane E. Probst
Jane E. Probst
  • Divorce Lawyer
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: To modify a child placement Order after two years have expired since entry of the initial order, your ex would need to prove that there has been a substantial change of circumstances since entry of the last order and that the modification is in the best interests. What will hurt you will be that you have voluntarily awarded him additional time. Concerns regarding drug use may be a basis upon which to deny him additional time because of concern for safety of the children.

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