Under current law, child custody and placement agreements cannot be modified within two years of final judgement, even if both parents and the court anticipate a change would be necessary. A child could reach school age, a parent could begin a new job or there could be an improvement in a parent’s or child’s health; all situations which could necessitate a change in their placement schedule.
Act 20 remedies this by allowing the court to approve an anticipated modification to a child custody or physical placement order without the divorced parents having to return to court, as long as both parents agree to the modification.
“This update to current law will benefit parents, children and the family court system by allowing each family to negotiate their child placement orders based on their own individual needs as a family,” said Rep. Rodriguez.
Senate Bill 116 passed both the Assembly and the Senate unanimously, and it is supported by the Family Law Section of the State Bar.
“I commend Gov. Evers for signing this broadly supported legislation into law,” said Sen. Ballweg. “My hope is that this change alleviates stress for Wisconsin families navigating the family court system in the future.”