Wisconsin child custody laws allow for both joint and sole legal custody. Child custody refers to both the legal custody and physical custody of a child. Legal custody is the right to make decisions about the child and physical custody is the right and duty to house, provide, and care for the child. In Wisconsin divorce law, physical custody is called child placement. Our experienced child custody attorneys will help you protect your parental rights.
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Wisconsin courts operate under the presumption 50/50 legal custody between parents is just, equitable and best for the child. To obtain sole custody, a parent must show the court sole custody is better for the child’s welfare than 50/50 custody. 50/50 child placement is most common, while primary placement with one parent more than 50% of the time is more common than sole legal custody.
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.
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.
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.
515 w Moreland Blvd #345,
Waukesha, WI 53188
(262) 548-7900
It’s not uncommon for a parent to pay 100,000 in child support over the course of their child’s dependent years. To receive a rough estimate on what you may have to pay or what you may receive in payment, use our child support calculator.
Our Brookfield 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 has offices in Milwaukee, Glendale, Appleton, Madison, & Brookfield. Contact our team of expert family lawyers to schedule a free initial consultation.
