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IN RE MARRIAGE OF POESCHEL v. POESCHEL

No. 82-2397.

115 Wis.2d 570 (1983)

IN RE the MARRIAGE OF: Julie A. POESCHEL, Petitioner-Appellant, v. James A. POESCHEL, Respondent.

Court of Appeals of Wisconsin.

Decided October 18, 1983.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of John G. Hinde of La Crosse.

For the respondent the cause was submitted on the brief of G. Scott Nicastro of Mondovi.

Before Foley, P.J., Dean and Cane, JJ.

DEAN, J.

Julie Poeschel appeals from a judgment removing her two minor children from her sole custody and granting alternating custody to her and the children's father, James Poeschel. Because the trial court did not have the power to order alternating custody and because a transfer of custody from Julie is not supported by substantial evidence, we reverse the judgment and remand the cause with directions to dismiss the motion for modification of custody.

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