4. Can a Wisconsin court modify placement after the divorce?

Yes. A Wisconsin court may modify physical placement after divorce, but the legal standard depends principally on how much time has passed and how substantial the requested change would be.

During the first two years

During the first two years after entry of the final judgment determining custody or placement, the court generally may not substantially change custody or a parent's placement time unless the requesting party presents substantial evidence that the current custodial conditions are physically or emotionally harmful to the child's best interests. This two-year period is intended to provide stability after the initial decision.

After the first two years

After that period, a party seeking a substantial modification generally must prove both that there has been a substantial change in circumstances since the last controlling order and that the requested modification is in the child's best interests. There is ordinarily a rebuttable presumption that continuing the existing custody and placement arrangement is in the child's best interests.

Different standards may apply to smaller schedule adjustments that do not substantially alter the amount of placement time, repeated and unreasonable failure to exercise placement, or a substantially equal schedule that has become impractical.

Parents may agree to a revised schedule and submit a written stipulation, but their private agreement does not by itself replace the existing order. The court must approve the stipulation and enter a revised order. Until that happens, the existing order remains the enforceable one.