[WI] [WI] Can I modify a parent agreement before two years?
It is worded horribly, and it keeps getting my child's father and me bumping heads, and it's awful trying to co-parent.
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You could consider a motion to clarify, which doesn't really have a time limit. Modifications can also be done before 2 years, if something changes or there is conflict that has made the order no longer functional.
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Can I modify my parent agreement in Wisconsin before 2 years?
Lexi, Chatbot
I understand that navigating parent agreements can be challenging. Have there been any significant changes in your circumstances since the original agreement was made?
No
It is worded horribly, and it keeps getting my child's father and me bumping heads, and it's awful trying to co-parent.
Lexi, Chatbot
Are you currently in communication with the other parent regarding this modification?
Yes he said he won't and doesn't want to change it
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with modifying your parent agreement.
There's about 6 things that need to be changed so there's no grey area
Elizabeth
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, do you need things changed because circumstances have changed or need the order clarified to fix the gray areas?
Fixed because my ex thinks it says one thing, and I think it means the opposite. It really is worded awfully.
Elizabeth
I'm so sorry. Who drafted it?
Also, the mediator said that anyone. that our daughter is comfortable with can do the drop-offs as long as they have a valid driver's license and are insured.
But the agreement says parents do the exchange.
Elizabeth
You could consider a motion to clarify, which doesn't really have a time limit. Modifications can also be done before 2 years, if something changes or there is conflict that has made the order no longer functional.
OK, so how do I do that
Elizabeth
Have you filed a motion before?
I spent all of my savings on a lawyer, and she was horrible and ended up getting fired by the firm halfway through my case
Elizabeth
Oh no! I'm so sorry. There is a right to a bar complaint against a lawyer who does not follow their ethical duties.
I will look into that but I want to modify the parent plan first and just want to know the best and least expensive way.
Elizabeth
Wisconsin does have the modification as a form. It's called an FA-4170.
OK and how do I file and do you know the cost of all that?
Elizabeth
The filing fee is under $100. The form is also online. We cannot attach links, but if you type in FA-4170 and WI, it should pop right up.
OK, and then what happens after it's filed?
Elizabeth
You will have to serve your ex, then the court will schedule a hearing. They also can have you mediate again.
So, how much ballpark do you think it will cost?
Elizabeth
If you file yourself, with service, a few hundred. If you hire an attorney, it can be expensive.
OK and does the hearing cost anything or mediation?
Elizabeth
You and your ex would usually split any mediation costs. The hearings are part of the court costs with filing.
OK thank you. Is there anything else I need to know? Can you helpe fill out the forms?
Elizabeth
I can answer questions about them, if you run into trouble.
OK also how fo I get him served? My lawyer did all this last time.
Elizabeth
You can arrange service with the clerk of the court and the sheriff's office.
OK so this will all cost about 200 dollars plus mediation?
Elizabeth
If you file for yourself, yes.
OK and it's not to hard to file? Also can the judge just deny the motion because it hasn't been 2 years and there's no significant changes?
Elizabeth
Filing just involves taking copies of the documents to the court.
I understand that but is there a chance the court can deny it? Should I wait for 2 years?
Elizabeth
There is unfortunately always a chance of denial in court. You would have to deal with the issues you've been facing though, until the 2 years are up if you want to wait.
OK thank you so much.
Elizabeth
You're very welcome.
Also if you were me, would you just suck it up and wait the 2 years? It only 9 months away
Elizabeth
I can't tell you what to do, but, you could consider trying to mediate privately, to work out the discrepancies.
Elizabeth
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