767.451 Revision of legal custody and physical placement orders.

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767.451 Revision of legal custody and physical placement orders. Except for matters under s. 767.461 or 767.481 , the following provisions are applicable to modifications of legal custody and physical placement orders:

(1)Substantial modifications.

(a)Within 2 years after final judgment. Except as provided under sub.

(2), a court may not modify any of the following orders before 2 years after the final judgment determining legal custody or physical placement is entered under s. 767.41 , unless a party seeking the modification, upon petition, motion, or order to show cause, shows by substantial evidence that the modification is necessary because the current custodial conditions are physically or emotionally harmful to the best interest of the child:

1. An order of legal custody.

2. An order of physical placement if the modification would substantially alter the time a parent may spend with his or her child.

(b)After 2-year period.

1. Except as provided under par.

(a)and sub.

(2), upon petition, motion or order to show cause by a party, a court may modify an order of legal custody or an order of physical placement where the modification would substantially alter the time a parent may spend with his or her child if the court finds all of the following:

a. The modification is in the best interest of the child.

b. There has been a substantial change of circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement.

2. With respect to subd. 1. , there is a rebuttable presumption that:

a. Continuing the current allocation of decision making under a legal custody order is in the best interest of the child.