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MILLER v. MILLER

No. 86-0046.

136 Wis.2d 441 (1987)

401 N.W.2d 846

John MILLER, Petitioner-Appellant, v. Rose MILLER, n/k/a Rose Stuart, Respondent.

Court of Appeals of Wisconsin.

Decided January 14, 1987.

Attorney(s) appearing for the Case

For the petitioner-appellant, the cause was submitted on the briefs of Gary L. Bendix of Muchin, Muchin, Bendix & Skolas, S.C. of Manitowoc.

For the respondent, the cause was submitted on the brief of Steven P. Srenaski of Srenaski & Haller of Manitowoc.

A brief was filed by Richard E. Repnik of Cleveland as Guardian ad Litem.

Before Scott, C.J., Brown, P.J., and Hansen, Reserve Judge.

BROWN, P.J.

The controlling issue here is whether the Millikin standard, as it is commonly known, is applicable to modification of joint custody orders. Based upon a recent decision of this court, we reverse the trial court's holding that the standard is applicable.

John Miller and Rose Miller, n/k/a Rose Stuart, were divorced in 1979, with joint legal custody of the minor child being awarded to both parties. In addition, the trial court specifically...

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