So Im reading up on stuff now....
and I see this
(5) FACTORS IN CUSTODY AND PHYSICAL PLACEMENT DETERMINATIONS.
(am) Subject to pars. (bm) and (c), in determining
legal custody and periods of physical placement, the court shall
consider all facts relevant to the best interest of the child. The
court may not prefer one parent or potential custodian over the
other on the basis of the sex or race of the parent or potential custodian.
Subject to pars. (bm) and (c), the court shall consider the following
factors in making its determination:
1. The wishes of the child’s parent or parents, as shown by any
stipulation between the parties, any proposed parenting plan or
any legal custody or physical placement proposal submitted to the
court at trial.
2. The wishes of the child, which may be communicated by
the child or through the child’s guardian ad litem or other appropriate
3. The interaction and interrelationship of the child with his
or her parent or parents, siblings, and any other person who may
significantly affect the child’s best interest
4. The amount and quality of time that each parent has spent
with the child in the past, any necessary changes to the parents’
custodial roles and any reasonable life−style changes that a parent
proposes to make to be able to spend time with the child in the
5. The child’s adjustment to the home, school, religion and
6. The age of the child and the child’s developmental and educational
needs at different ages.
7. Whether the mental or physical health of a party, minor
child, or other person living in a proposed custodial household
negatively affects the child’s intellectual, physical, or emotional
8. The need for regularly occurring and meaningful periods
of physical placement to provide predictability and stability for
9. The availability of public or private child care services.
10. The cooperation and communication between the parties
and whether either party unreasonably refuses to cooperate or
communicate with the other party.
11. Whether each party can support the other party’s relationship
with the child, including encouraging and facilitating frequent
and continuing contact with the child, or whether one party
is likely to unreasonably interfere with the child’s continuing relationship
with the other party12. Whether there is evidence that a party engaged in abuse,
as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02
12m. Whether any of the following has a criminal record and
whether there is evidence that any of the following has engaged
in abuse, as defined in s. 813.122 (1) (a), of the child or any other
child or neglected the child or any other child:
a. A person with whom a parent of the child has a dating relationship,
as defined in s. 813.12 (1) (ag).
b. A person who resides, has resided, or will reside regularly
or intermittently in a proposed custodial household.
13. Whether there is evidence of interspousal battery as
described under s. 940.19 or 940.20 (1m) or domestic abuse as
defined in s. 813.12 (1) (am).
14. Whether either party has or had a significant problem with
alcohol or drug abuse.
15. The reports of appropriate professionals if admitted into
16. Such other factors as the court may in each individual case
determine to be relevant.
one thing that sticks out to me is section 12 about does either part have a criminal record.
You see I have a criminal record that ceased in 2001, and in 2008 me and the ex signed into a 50 50 custody and placement stipulation an order with no specific times because we were together....But since I have no new or pending criminal charges can they really revisit that seeing as nothing has changed since I was given 50/50 other than Mom took off.....
Can they renig like that and say "oh you have a criminal recod and now were gonna take that into acct, when before when you and mom were together it didnt matter"""?
jus sayin, trying to wise up what im up agasint, cause I will fight the heck out of that if they try and consider it now cause mom dont like me anymore