2004 WI App 126, 275 Wis. 2d 311, 685 N.W.2d 546 (WI Ct. App., 2004)
(1) Trial court erred in finding no substantial change in circumstances by focusing on recent events only – the substantial change should be measured from facts at the time of the previous order. (2) The presumption that joint legal custody is in the child’s best interest under Wis. Stat. § 767.24(2)(am) applies only in initial legal custody determinations, not in modification determinations. Rather, the presumption favoring the status quo under Wis. Stat. §767.325(1)(b) applies. (3) No denial of equal protection by applying the status quo presumption.
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