Q: Can I file a notice or order to change custody and placement, if there's a current open case for contempt, in Wisconsin.
My ex and I have 50/50. He's barely exercised his placement the last 2 years (less than 30 days out of his 365). Our 15yo does not want to go to his dad's anymore because hes never there or spends any time with him. Ex recently filed contempt on me because I didn't allow our son to go there one afternoon, yet he goes weeks and months without seeing him. It's to the point I need to fight for him full-time, so I can continue to give my son the stable home he deserves. I just don't know if I can file to change placement and custody if there's an open case for contempt. I have all documentation to support my request. I've been keeping track since the last time we modified the order. I look forward to hearing from you.
A: There is a provision in the Wisconsin State Statutes that provides that a person can lose their court ordered placement if they do not exercise it. You can file a Motion to modify the current Order to incorporate the status quo.
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