What Happens When Unmarried Parents Split Up in Wisconsin?

 Posted on July 12, 2023 in Uncategorized

When married parents decide to legally end their relationship, one of the key issues that will be addressed in their divorce is child custody. However, when parents who were never legally married decide to end their relationship, there is no required legal process and so addressing child custody and parenting time must be pursued in a legal action all on its own. There are unique issues that unmarried parents must address that married parents do not. The following is a brief overview of this process. For more detailed information about your particular circumstances, contact a child custody lawyer.

Parental Rights

Under Wisconsin law, when parents are unmarried, the mother has sole custody until there is a court order that says otherwise. In order to pursue any parental rights, the father’s name must be on the child’s birth certificate. Otherwise, the father will need to ask the court to establish paternity before any type of custody or parenting time can be awarded. This can be done through genetic testing or signing a voluntary acknowledgment of paternity

Although mothers have sole custody in the above situation, it should never be assumed that mothers have greater custody rights than fathers. When paternity has been established, both parents have equal parenting rights under the law and any custody decisions the court makes are based on the best interest of the child doctrine.

Best Interest of the Child

The best interest of the child involves assessing various factors, including:

• The parent-child relationship

• Each parent’s ability to provide for the child’s physical and emotional needs

• The child’s age and preferences

• Any history of violence and/or substance abuse

Courts strive to create custody arrangements that promote the child's well-being and maintain a stable environment.

Types of Custody

There are two types of custody that need to be decided: legal custody and physical custody. Legal custody refers to decision-making for the child regarding important matters such as medical care, education, and religion. Physical custody refers to where the child will be residing.

There are a number of different options courts have. In many cases, regardless of which parent will have primary custody, the court will award both parents legal custody, meaning they both have an equal say regarding major decisions.

Physical custody can involve shared parenting time where each parent has the child 50 percent of the time or it can involve the child residing primarily with one parent and the other parent having scheduled visitation or parenting time.

Contact a Dane County Family Lawyer

If you are an unmarried parent who is seeking a child custody order from the court, make sure you have a dedicated Madison, WI child custody attorney advocating for you. Call John T. Fields & Associates, LLC at 608-729-3590 to schedule a confidential consultation.

Source:

https://dcf.wisconsin.gov/files/publications/pdf/15445.pdf