00-1771 In Re the Marriage of: Kruk v. Kruk

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Judith Kruk appeals from the judgment of divorce that gave her former husband shared placement of their two children and awarded him the family home. She argues that the trial court applied the wrong legal standard when it ordered joint custody, shared placement of the children and, further, that the trial court erroneously exercised its discretion because the facts presented at trial, specifically the psychologists’ recommendations, do not support the trial court’s custody and physical placement decision. Judith Kruk also complains that the trial court erroneously exercised its discretion by not considering the best interest of the children when it awarded the family home to Thomas Kruk. We affirm because the trial court applied the correct legal standard found in Wis. Stat. sec. 767.24 governing the trial court’s initial custody and placement determinations, not that found in Wis. Stat. sec. 767.325. The trial court also properly exercised its discretion when ordering joint custody and shared placement and in awarding the homestead to Thomas Kruk.

This opinion will not be published.

Dist I, Milwaukee County, Guolee, J., Per Curiam

Attorneys:

For Appellant: Jane E. Probst, Greenfield

For Respondent: Frank J. Schiro, Milwaukee