Family Law – Child Custody – Stipulation Order

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Civil

WI Court of Appeals – District I

Official: Brennan, J, Curley, P.J., and Thomas Cane, Reserve Judge

Family Law – Child Custody – Stipulation Order

14AP1957 Herbert Raymond Glidewell v. Jill Irene Glidewell

Background/Posture

Jill Irene Glidewell (n/k/a Jill Irene Riley) appeals from a post-judgment custody order continuing joint custody with Jill’s former husband Herbert Glidewell, but allocating certain decision-making to each party. Jill argues that (1) the circuit court erred in concluding that she had “permanently” waived the domestic violence presumption when she stipulated to joint custody in the original divorce and (2) contends that the great weight and clear preponderance of the evidence does not support the circuit court’s post-judgment modified joint custody order.

Analysis/Holding

As to issue (1) : Jill’s decision to stipulate to joint custody at the time of the divorce does not mean that she is barred from ever again seeking application of WIS. STAT. § 767.41(2)(d); rather, she has waived her right to seek application of the presumption based upon the facts that existed at the time she stipulated to joint custody. Jill is free to seek application of the presumption in the future if she has new facts, occurring since she stipulated to joint custody, that support the presumption. However, she has not set forth such new evidence here. As such, the circuit court properly found that Jill waived her right to raise the domestic violence presumption to the extent that she relies on events that occurred prior to her stipulation to joint custody.

As to issue (2) : The circuit court did not erroneously exercise its discretion. The circuit court’s decision was based upon the proper law and included a thoughtful consideration of the relevant WIS. STAT. § 767.41(5)(am) factors. Jill’s objections amount to little more than an assertion that she believes the circuit court should have weighed those factors differently. But our standard of review does not permit reversal of the circuit court’s order on those grounds.

Decision

Affirmed – Recommended for publication

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.