Child custody is a broad term that refers to both the legal and physical custody of a child. Legal custody is the right to make decisions for and about the child. Physical custody is the right and duty to house, provide, and care for the child. Under Wisconsin divorce law, physical custody is referred to as child placement. The parent with primary placement spends more days per year with the child than the other. The two main types of legal custody agreements are joint legal custody and sole legal custody. Divergent Family Law will help you protect your parental rights.
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At Divergent Family Law, there are no hidden fees, we’re upfront about the cost of our legal services. We offer flat fee rates so there’s no excess worry in an already stressful situation. We help families in the Fox Valley, Oshkosh, Neenah, Fond du Lac and surrounding areas.
Wisconsin courts enter divorce cases assuming 50/50 legal custody between parents is fair, equitable and in the child’s best interests. If a parent wants sole custody, they must prove to the court sole custody is better for the child’s wellbeing. 50/50 physical placement is most common, and primary placement with one parent more than 50% of the time is more prevalent than sole legal custody.
Sole custody is much harder to receive from the court. Courts always put the best interest of the child first, so typically the only way a parent can be awarded sole custody is if the court determines the other parent is unable to perform their parental responsibilities. Another way one parent can receive sole custody is if the parties cannot agree on major life decisions like religion or schooling. If the parties were not married when the child was born, the mother has sole custody until the father establishes a paternity action. A parent that does not have custody may still be granted visitation rights and required to pay child support. Different father’s rights apply to divorced fathers and unmarried fathers.
Successful mediation can help you save on the cost, time, and general hassle of taking an issue to trial. Even an unsuccessful mediation can give the court a better starting place to resolve the matter faster. We offer expert family mediation services for parents who can’t agree on a custodial issue. Our trained family attorneys can facilitate a compromise to avoid taking your disagreements to court. If two parties remain in opposition, the court may appoint a Guardian ad Litem to represent the best interest of the children while the case is pending.
Occasionally, as time goes on the original custody or placement agreement doesn’t work as well as it used to. This could be a result of someone moving, children switching schools, or something else entirely. In these circumstances, Wisconsin divorce law states how you can modify placement schedules. Consult one of our lawyers to see if a post-judgement modification is feasible for you, and explore our co-parenting resources to make any placement arrangement the best it can be for the child.
320 S Walnut St., Appleton, WI 54911
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Parents can end up paying over $100,000 in child support throughout their child’s adolescence. For a rough estimate on what your monthly child support payments may be, use our child support calculator.
Our Appleton child custody attorneys can help you secure primary or joint placement, modify placement orders and take legal action to enforce placement orders. We offer flexible payment plans to accommodate any family.
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Divergent Family Law provides the most exceptional family attorneys across Fox Valley Wisconsin. Contact our firm in Appleton, or our other locations in: Milwaukee, Glendale, Madison, & Brookfield.
