Child custody is one of the most difficult parts of going through a divorce. Child custody is made of two distinct categories: legal custody and physical custody. Legal custody is a parent’s right to make decisions about the child. Physical custody gives a parent the right to house and care for the child. In Wisconsin, physical custody is referred to as “child placement.” Primary placement is delegated to the parent who spends more than 75% of the days in a year with the child. Don’t risk losing your parental rights – hire experienced child custody lawyers at Divergent Family Law.
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Divorce cases in Wisconsin begin with the assumption 50/50 legal custody between parents is fair, equitable and best for the child. To be granted sole custody, a parent must show the court sole custody is better for the child than joint custody. 50/50 physical placement is the most common arrangement, and primary placement with one parent is more often awarded than sole legal custody.
In joint legal custody, both parties share legal custody of the child or children. The amount that each parent is responsible for depends on the verdict, but the most common outcome is 50/50 placement, in which both parties share equal responsibilities. Both parties need to work together and communicate major decisions made for their child concerning schooling, religion, marriage and joining the military while the child is still a minor.
In sole legal custody, one party will receive full legal and physical custody of the child while the other must pay child support with possible visitation rights. To receive this verdict in court, it must be established that one party is unable to perform their parental responsibilities. Sole custody could also be chosen if both parents cannot agree on major life decisions for their child. If the parents were unmarried when the child was born, the mother will usually be granted sole custody unless a paternity action is established. Distinct Father’s rights apply for unmarried and divorced fathers. Make sure your rights are protected by hiring an experienced child custody lawyer.
When you and your spouse have made the mutual decision to divorce but would prefer to settle your child custody dispute outside of court, our team of family mediation attorneys is here for you. As a neutral third party, we can facilitate your discussions to help you reach an agreement that benefits both parties and your child(ren). If no agreement is reached, the court may appoint a Guardian ad Litem to represent the child’s best interests while the case is pending.
You may find that the circumstances of your original child custody agreement have changed after a few months or years. Living arrangements, household income and major life decisions can significantly impact your ability to care for your child. Wisconsin divorce law provides you with the opportunity to modify placement schedules (under certain circumstances) to provide the best experience for your child. Learn about how you can utilize modern programs and technologies as a parent with our co-parenting resources.
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It can be difficult to gauge just how much you’re going to be paying in child support after your case is settled. Our child support calculator can give you a rough estimate of how much you’ll be paying based on specific factors impacting your case. An estimate gives you a great deal of clarity and helps you to plan ahead after the case is settled.
Our West Bend child custody attorneys will fight for your rights in a primary or joint placement dispute. We can help you modify placement orders when circumstances change and legally enforce placement orders. Our services are offered with flexible payment plans for families of any financial background.
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Contact one of our locations in: Milwaukee, Glendale, Appleton, Madison, & Brookfield for quality child custody lawyers.