(DOWNLOAD) "Marriage Nicholas J. Licary v. Cheryl A." by Court of Appeals of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: Marriage Nicholas J. Licary v. Cheryl A.
- Author : Court of Appeals of Wisconsin
- Release Date : January 16, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
GARTZKE, P.J. Nicholas Licary appeals from an order denying his 1990 motion to modify the initial order granting sole custody
of their children to his former spouse, Cheryl Licary. Nicholas seeks joint legal custody. He contends that a 1988 amendment
to custody law creating joint legal custody is, in and of itself, a substantial change in circumstances justifying modification
when both parents are fit. He asserts that sec. 767.325, Stats., was created in 1988 to lower the standard required for custody
modifications and that joint legal custody is presumed to be in the best interest of children. He contends that although
sec. 767.325(1)(b)2.a., Stats., creates a rebuttable presumption that continuing the current allocation of decision-making
under a legal custody order is in the best interest of the child, the trial court erred by failing to find that the presumption
had been rebutted. We reject his contentions and affirm the order denying the motion to modify. When Nicholas and Cheryl Licary were divorced in 1986, sec. 767.24(1)(b), Stats. (1985-86), provided:
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