Family – modification – dismissal — failure to prosecute

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Wisconsin Court of Appeals

Civil

Family – modification – dismissal — failure to prosecute

Christopher Lukens appeals an order of the circuit court dismissing his motion to modify placement, custody, and child support with respect to his minor daughter, J.L., for failure to prosecute, under Wis. Stat. § 805.03 (2011-12), and awarding sole legal custody and primary placement of J.L. to J.L.’s mother, Brea Dugan. Lukens argues alternatively that his conduct, which led to the dismissal of his motion, either was not egregious or was justified. He also argues that the portion of the court’s order awarding Dugan sole legal custody and primary placement of J.L. is not supported by the evidence. We conclude that the circuit court properly exercised its discretion in determining that Lukens’ conduct was egregious and without a justifiable excuse, and that the court’s determination with respect to custody and placement was sufficiently supported by the record. Accordingly, we affirm. Not recommended for publication in the official reports.

2011AP2148 In re the Paternity of J.V.L.: Dugan v. Lukens

Dist IV, Dane County, Flanagan, J., Sherman, J.

Attorneys: For Appellant: Sipsma, Kenneth R., Madison; For Respondent: Schuster, John P., Madison