By: Derek Hawkins//June 14, 2016//
WI Court of Appeals – District I
Case Name: Jackson Simon v. Olivia Wilson
Case No.: 2015AP1769
Officials: Curley, P.J., Kessler and Brash, JJ.
Focus: Custody & Placement
We are satisfied that the trial court properly exercised its discretion when it entered an order granting joint custody and primary placement to Simon because the trial court never found that there was “a pattern or serious incident of interspousal battery” which would have triggered the rebuttable presumption. We also conclude the trial court properly exercised its discretion in prohibiting Wilson from consuming alcohol while she has placement of the children. However, we agree with Wilson that nothing in the record supports the trial court’s order prohibiting her from possessing firearms or weapons. Consequently, we affirm the trial court’s order concerning joint custody and placement and the order prohibiting consuming alcohol during placement, but we reverse the prohibition that she cannot possess firearms or weapons.