In Re Marriage of Licary v. Licary
Modification after 2 years requires proof of substantial change of circumstances. New joint custody law is not a change in circumstances.
In Re Marriage of Wiederholt v. Fischer
(1) No abuse of discretion for refusing to transfer placement to father due to “parental alienation syndrome” (2) No abuse of discretion for revising placement with rigid schedule – any harm to children due to less time with father is outweighed by stability.
In re Paternity of Stephanie R.N.
Modification within 2 yrs. requires proof on necessity, that custodial conditions are harmful and physical or emotional harm is severe enough to warrant modification.
In re Paternity of Bradford J.B.
Court cannot substantially modify placement within two years unless it finds harmful conditions.
In Re Marriage of Scott H. v. Kathleen M.H.
Trial court could modify placement on petition for child abuse injunction. Separate motion under 767.325 not necessary.
In Re Marriage of Hughes v. Hughes
Trial court properly applied §767.325 where mother brought removal action and father countered with motion to change placement.
In Re Marriage of Trost v. Trost
Trial court does not have authority to change placement within two years of the initial placement order, absent finding of harm, if the modification would substantially alter the time a parent spends with the child.
In Re Marriage of Culligan v. Cindric
Portion of divorce judgment effecting a prospective change in placement is invalid. Trial court lacks statutory authority to order a change of placement that is prospective and contingent on the occurrence of some anticipated event.
In Re Marriage of Lofthus
Parents do not have a fundamental right to equal placement after divorce – state’s regulation of post-divorce custody disputes is constitutional.
In Re the Custody and Support of Neven D.H.: Helling v. Lambert
Award of primary placement to father reversed as trial court’s opinion of the stability of non-marital relationships based on other paternity cases is not sufficient to support a factual finding that the mother’s specific living situation in this case is unstable.