Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section DMR.02.09 — Revision Of Legal Custody And Physical Placement Order

(a) The following provisions are applicable to modifications of legal custody and physical placement orders:

(1) Substantial modifications.

(A) Within 2 years after initial order. Except as provided under sub. (2), a court may not modify any of the following orders before 2 years after the initial order is entered, unless a party seeking the modification, upon petition, motion, or order to show cause shows by substantial evidence that the modification is necessary because the current custodial conditions are physically or emotionally harmful to the best interest of the child:

(i) An order of legal custody;

(ii) An order of physical placement if the modification would substantially alter the time a parent may spend with his or her child.

(B) After 2–year period.

(i) Except as provided under par. (A) and sub. (2), upon petition, motion or order to show cause by a party, a court may modify an order of legal custody or an order of physical placement where the modification would substantially alter the time a parent may spend with his or her child if the court finds all of the following:

(I) The modification is in the best interest of the child;

(II) There has been a substantial change of circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement.

(ii) With respect to sub. (a)(1)(B)(i), there is a rebuttable presumption that:

(I) Continuing the current allocation of decision making under a legal custody order is in the best interest of the child;

(II) Continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child.

(III) A change in the economic circumstances or marital status of either party is not sufficient to meet the standards for modification under sub. (1).

(2) Modification of substantially equal physical placement orders. Notwithstanding sub. (1):

(A) If the parties have substantially equal periods of physical placement pursuant to a court order and circumstances make it impractical for the parties to continue to have substantially equal physical placement, a court, upon petition, motion or order to show cause by a party, may modify such an order if it is in the best interest of the child.

(B) In any case in which par. (A) does not apply and in which the parties have substantially equal periods of physical placement pursuant to a court order, a court, upon petition, motion or order to show cause of a party, may modify such an order based on the appropriate standard under sub. (1). However, under sub. (1) (B) 2, there is a rebuttable presumption that having substantially equal periods of physical placement is in the best interest of the child.

(3) Modification of other physical placement orders. Except as provided under subs. (1) and (2), upon petition, motion or order to show cause by a party, a court may modify an order of physical placement which does not substantially alter the amount of time a parent may spend with his or her child if the court finds that the modification is in the best interest of the child.

(4) Denial of physical placement. Upon petition, motion or order to show cause by a party or on its own motion, a court may deny a parent's physical placement rights at any time if it finds that the physical placement rights would endanger the child's physical, mental or emotional health.

(5) Reasons for modification. If either party opposes modification or termination of a legal custody or physical placement order under this section the court shall state, in writing, its reasons for the modification or termination.

(6) Notice. No court may enter an order for modification under this section until notice of the petition, motion or order to show cause requesting modification has been given to the child's parents, if they can be found, and to any relative or agency having custody of the child.

(7) Transfer to department. The court may order custody transferred to the Tribal Social Services only if that department agrees to accept custody.