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IN RE MARRIAGE OF LICARY v. LICARY

No. 91-0409.

168 Wis.2d 686 (1992)

484 N.W.2d 371

IN RE the MARRIAGE OF: Nicholas J. LICARY, Petitioner-Appellant, v. Cheryl A. LICARY, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided April 16, 1992.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the brief of Richard E. Hemming and Jodi Timmerman of Consigny, Andrews, Hemming & Grant, S.C. of Janesville.

For the respondent-respondent the cause was submitted on the brief of William W. Rentz of Bolgrien, Rentz, Mineau & Koepke, S.C. of Beloit.

The cause was submitted on the brief of Guardian ad Litem, William T. Henderson of Collins & Henderson of Beloit.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Nicholas Licary appeals from an order denying his 1990 motion to modify the initial order granting sole custody of their children to his former spouse, Cheryl Licary. Nicholas seeks joint legal custody. He contends that a 1988 amendment to custody law creating joint legal custody is, in and of itself, a substantial change in circumstances justifying modification when both parents are fit. He asserts that sec. 767.325, Stats., was created in 1988 to lower...

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