Custody agreements can either be joint or sole. Joint custody occurs when both parents share responsibilities and decision making for the child. Primary placement refers to which parent has more days per year with the child in a joint custody situation. 50-50 placement is the most common joint custody arrangement. Wisconsin law presumes that joint custody agreements are in the best interest of the child. Both parents need to work together in order to make major decisions affecting the life of their child(ren). Each parent has equal ability to make major parental decisions for the children regarding schooling, religion, marriage as a minor, or joining the military as a minor.
Sole custody is much harder to receive via the court. The courts will always support the best interest for the child and typically the only way to receive sole custody is when the other parent cannot perform their parental responsibilities or if the parties cannot agree on major life decisions regarding their children, i.e. religion and schooling. If parties were unmarried at the time of the child’s birth, it is presumed the mother has sole custody until a paternity action is established. The party without custody may be required to pay child support and may be granted visitation rights. Father's rights can apply differently to unmarried fathers and divorced fathers.
Mediation for Child
placement & custody
We offer expert family mediation services for parents who can’t agree on a custodial issue and need help reaching a decision. Our family attorneys can facilitate a compromise between the two parties to avoid taking the disagreements to court. If the parties are unable to reach an agreement, the court may appoint a Guardian ad Litem to represent the best interest of the children while the case is pending.
Post-Judgement Child Custody & Placement Modification in Brookfield
Many times the original custody or placement arrangement isn’t working well as it did in the past. Living locations change and children attend new schools. Wisconsin divorce law provides circumstances for when you can modify placement schedules. To make any placement arrangement the most positive it can be for your child, we encourage exploring our co-parenting resources.