WI, can judge order 1 parent primary decision-maker w/out a petition for it & still maintain 50/50 custody?

Saturday, January 29, 2011

Judge announced @ start of custody trial he would not change the 50/50 custody that was in place because there was no petition from either party for a change in custody. At a hearing to clarify the final order, he accepted the following (word for word) as a stipulation: "Petitioner will have the primary decision-making ability for [child's name], including, but not limited to, medical care, dental care, counseling, education, and daycare provider. Respondent can decide whoever she wants for daycare for [their] summer placement or any other days she has placement." Is this legal? Isn't he indeed making a change in custody? Does this afford me a good basis for an appeal? Any idea what kind of chance I'd have with an appeal? Tips on a good custody attorney in Wisconsin? Other ideas? My attorney said something about due process protocol not being followed. What is that? Any other help on this would be greatly appreciated! Thanks.
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judges can order anything they like, no matter how little sense it makes. Keep taking them back to court.
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