Divorces are already challenging enough, but divorces with kids are typically even more difficult. We are here to help. 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. Primary placement refers to which parent has more days per year with the child in a joint custody situation. There are two main types of custody agreements, joint legal custody and sole legal custody. Divergent Family Law can help you protect your parental rights.
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Courts in Wisconsin enter divorce cases presuming 50/50 legal custody between parents is fair, equitable and best for the child’s interests. If a parent wants sole custody, they must prove to the court sole custody is better for the child compared to equal custody. 50/50 placement is the most common physical custody arrangement and primary physical placement with one parent for more than 50% of the year occurs more often than sole legal custody is awarded.
Joint custody refers to both parties sharing legal custody and neither party’s rights are superior unless specified in the final order. 50/50 placement is the most common joint custody arrangement. Wisconsin law presumes joint custody as to be 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 parent 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. Distinct Father’s rights apply for unmarried 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.
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Milwaukee, WI 53233
(414) 278-4400
It’s not uncommon for a parent needing to pay over $100,000 in child support over the course of their child’s adolescence. For a rough estimate on what you may have to pay or what you may receive in payment, use our child support calculator.
Our Milwaukee 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 South Eastern Wisconsin with locations in: Milwaukee, Glendale, Appleton, Madison, & Brookfield.
