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Fathers Rights

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Always a dad.

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fathers rights lawyers wisconsin

Divorce attorneys who understand fathers rights

Unmarried Fathers' Rights

More often than not, men find themselves in a situation with a child on the way wondering, “Do unmarried fathers have rights?” In Wisconsin, the mother of a child born to unmarried parents is presumed to have sole custody, regardless if you are together or not. But here’s the good news: you do have father’s rights; you just have to stand up for them.

An unmarried father in Wisconsin can file a paternity case to establish that he is the legal father of a child. This begins the process of awarding many rights a father has such as custody, placement or visitation, support orders, and more. Rarely does a court find that sole custody is in the best interest of the child, and Wisconsin statutes indicate that the court shall presume legal joint custody is in the best interest of the child unless it is proven otherwise. 

Divorced Fathers' Rights

Fathers' rights are also relevant in regard to divorce. Like a paternity case, the court will determine custody, placement and visitation, support orders, and more in the form of temporary orders. Once the divorce case has concluded, the court will issue final orders in regards to your child, which will be in effect for a minimum of two years.

Most family law firms don’t proclaim themselves advocates for men’s rights. Divergent has attorneys passionate about advocating for fathers’ rights in Wisconsin because we understand that it is a real issue in family law today. Advocating for a father’s rights isn’t advocating against a mother’s; it is simply fighting for utter fairness in the court of law, and a child’s right to the best childhood they can have.

Divorce

When a couple decides to end their marriage, the legal action can take multiple routes. If they are able to come to an agreement about all of the required details, including division of assets, child custody, placement, and alimony, then they can apply for an uncontested divorce.

In many cases, property division and child custody are emotional decisions to make. Divorce mediation or a court proceeding may be the only way to reach a mutual agreement. A collaborative divorce occurs when the two parties are able to finalize a divorce through negotiation or mediation. A contested divorce occurs when the parties cannot reach an agreement, in which case the divorce case must go to trial and a judge will rule a final, indisputable hearing.

 

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Experienced Wisconsin family divorce attorney
Child Custody

It is important to remember that no matter what a parent wants for the outcome of a custody case, any final decision will be made with regards to the child’s best interests before any other factors are taken into consideration.

The term “custody” is often used as a general term regarding the amount of time that a child will spend with each parent or guardian, as well as the degree of legal power each parent or guardian has over decisions relating to the child’s life, such as medical treatments, religious and educational preferences, and more. However, Wisconsin separates these decisions into two areas, “custody” and “placement.” Custody refers specifically to the legal right that a parent has in decisions regarding the care and upbringing of the child. Custody can be either shared or sole, depending on the court's decision.

 

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Wisconsin divorce attorney specializing in child custody
Placement

Placement refers to the arrangement between parents or guardians regarding how the child’s time is shared between the two parties. The child’s welfare is the primary consideration when the judge makes the final decision. Placement can be designated as primary, shared, or split. Primary placement is granted to the parent or guardian that the child spends the most time with. Shared placement refers to each parent dividing the amount of time the child spends with them. Split placement is a third option when multiple children are involved. Each child receives his or her own specific schedule.

 

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Milwaukee child placement family attorney
Child Support

In order to ensure that the child support payments are fair, the judge will explore all of the relevant details, such as the income and financial stability of each parent, as well as which parent will have the majority of the financial responsibility for the children.

Child support payments may be required until the child turns 18, or there may be other circumstances that extend the payments beyond their 18th birthday depending on the child's needs. Parents can also request for their child support agreement to be reevaluated in court. To see an estimate of your monthly child support payments, use our Wisconsin child support calculator.

 

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Milwaukee child support lawyer and mediator
Alimony

Alimony is often confused for child support, and while each involves a payment going from one spouse to the other, the similarities end there. Alimony is a payment that is made from the most-financially stable spouse to the dependent spouse for a set period of time. These payments are intended to give the dependent spouse an opportunity to adjust to their life without the ability to rely on their spouse’s income.

Alimony payments are determined by the current financial circumstances of each spouse. The agreement can always be renegotiated if one of the parents goes through a major income change. In particular, if the recipient of the alimony remarries, they may lose the spousal support payments. The terms of the agreement are clearly outlined by the lawyers or judge.

 

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Wisconsin family lawyer for alimony cases
Father's Rights

In situations involving unwed parents, the father may find that they have very few legal rights over their child. In these cases, it is especially important for the unwed father to partner with a family lawyer who can help him navigate his situation.

In addition to issues strictly pertaining to legal rights over a child, father’s rights also include issues like paternity tests, contesting adoptions or custody-related decisions, visitation, or instances where the father would like to terminate their rights. No matter the problem, if you need legal help as a father, we're here to help.

 

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Family attorney to protect father’s rights
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Wisconsin Family Law & Divorce Attorneys:
Family Law Attorney Trisha Festerling
Trisha FesterlingAttorney
Family Law Attorney Joseph Kennedy
Joseph KennedyAttorney
Family Law Attorney Kaitlin Grasswick
Kaitlin GrasswickAttorney
Family Law Attorney Tom Grieve
Tom GrieveAttorney
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