3 Things to Expect in a Highly Contested Child Custody Case

 Posted on September 26,2024 in Divorce

Some divorces are amicable and involve effective communication between the parties. If the spouses agree on all aspects of the divorce, it is considered uncontested.

Many divorces, however, are contested. This means that the spouses disagree on at least one of the issues related to the divorce, such as:

• Child custody

• Child support

• Property Division

• Spousal support (alimony)

Usually, a court will order the parties in a contested divorce to try working out their issues in mediation. But sometimes — especially when emotions are running particularly high — the spouses may so vehemently disagree that mediation is not even an option. This is referred to as a highly contested or high-conflict divorce, and it usually proceeds to trial.

Child custody is often an emotionally charged issue for divorcing parents and in many cases leads to a court battle, also referred to as litigation. If your divorce proceeds to trial, it is crucial to be represented by a Wisconsin divorce litigation attorney who will represent you in court. Your attorney will walk you through the trial process and explain what to expect. This article will discuss three things to expect in a highly contested child custody case.

The Court Will Focus on the Child’s Best Interests

When judging child custody cases, Wisconsin courts weigh everything against one primary standard: the child’s best interests. This means the judge will scrutinize every argument and piece of evidence to determine whether it would benefit the child’s well-being. Parental rights are also a factor in court decisions, but judges may sideline a parent’s rights to protect the child if necessary.

The Judge May Appoint a Guardian Ad Litem

If the divorce is high-conflict and the judge feels like the parents are not focused on the child’s best interests, he or she may appoint a guardian ad litem. A guardian ad litem is an attorney whose job it is to represent the child during the trial. He or she will review records, request documents, conduct interviews with the child and the parents, and make a recommendation to the court about what would serve the child’s well-being. Courts are not obligated to follow a guardian ad litem’s recommendation, but they often do.

The Court May Order a Parenting Plan

Parents who file for divorce are required to submit a parenting plan to the court. A parenting plan is a legally binding document that details how the parents plan to care for the child after divorce. It includes:

• Schedules for parenting time, also known as physical custody

• Arrangements for transporting the child between the parents

• Provisions for communication between the child and non-custodial parents during parenting time

• Division of parental responsibilities

If the parents cannot submit a parenting plan they agree on — which is often the case in highly contested divorces — each parent must submit his or her own. Ultimately, the judge will either approve the parents’ parenting plan or issue one that he or she believes is appropriate.

Contact a Dane County, WI Contested Divorce Attorney

Highly contested or high-conflict divorces are challenging affairs that may require litigation in drawn-out court battles, particularly when child custody issues are contested. Make sure you are represented by an excellent Madison, WI child custody lawyer who has your and your child’s best interests in focus. At John T. Fields & Associates, LLC, we are highly experienced in divorce litigation and we are ready to build a legal strategy tailored to your needs. Speak with a skilled attorney by calling 608-729-3590 today.