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Divorce – Child Placement Order

By: Derek Hawkins//March 24, 2022//

Divorce – Child Placement Order

By: Derek Hawkins//March 24, 2022//

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WI Court of Appeals – District II

Case Name: Julie C. Valadez v. Ricardo Valadez

Case No.: 2020AP1006

Officials: Gundrum, P.J., Neubauer and Grogan, JJ.

Focus: Divorce – Child Placement Order

Julie C. Valadez appeals from a judgment of divorce terminating her marriage to her former husband, Ricardo Valadez. As relevant to our disposition of this appeal, Julie argues that the circuit court erred in awarding sole legal custody of their children to Ricardo based on its erroneous conclusion that Ricardo overcame the statutory presumption against custody by proving that he received batterer’s treatment from a certified treatment program or a certified treatment provider. See WIS. STAT. § 767.41(2)(d)1.a. (2019-20). Because of the court’s finding that Ricardo engaged in a pattern of domestic abuse against Julie, she similarly takes issue with the court’s decision granting the parties shared placement without making the safety of Julie and the children the court’s paramount concern, as required by § 767.41(5)(bm). For the reasons stated, we reverse and remand with the directions specified below.

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Derek A Hawkins is Corporate Counsel, at Salesforce.


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