In RE MARRIAGE OF WESTRATE v. Westrate

Judy Westrate appeals a judgment modifying David Westrate’s right to visitation with the parties’ children. The trial court granted David week-long visitations with the children on an alternating weekly basis. Judy contends that the court effectively ordered alternating sole custody, which this court rejected in Poeschel v. Poeschel, 115 Wis. 2d 570, 341 N.W.2d 407 (Ct. App. 1983). The trial court attempted to distinguish its judgment from alternating sole custody by giving Judy permanent legal custody of the children while designating David’s right to equal custody as visitation. Because…