Child Custody

THE CHILD CUSTODY PROCESS

Understanding Child Custody in Wisconsin

When determining child custody, courts operate under what are often called “best interests of the child” standards. Judges believe that it’s in a child’s best interest to have both parents involved in his or her life. In child custody cases in Wisconsin, parents should also keep in mind that the living situation makes a huge difference. Most judges are biased toward awarding custody to the parent that stays in the family home. If neither parent occupies the family home, the court will still look to provide the child with a stable living situation. This serves to protect the mental and physical health of the child. Evaluate your situation with by filling out our Parenting Plan.

 

Child Custody

Knowing what it means to have child custody

First and foremost, the parent with legal custody has the right to make major decisions on behalf of the child. These decisions include where to send a child to school, the child’s right to obtain a driver’s license and the ability to determine health care for the child. As one might guess, courts do not take these decisions lightly during Wisconsin divorce cases. Nobody should go through the divorce process without understanding their legal rights as a parent. The attorneys at John T. Fields & Associates have worked on hundreds of child custody cases.

 

Child Custody

Court-ordered mediation

Court-ordered mediation in a Wisconsin divorce occurs before a child custody case goes in front of a judge. The mediation process is necessary if, and only if, parents can’t successfully reach a child custody agreement on their own. Court-ordered mediation in a Madison divorce has helped many parents reach a satisfactory agreement. Usually, the mediator in a child custody case is an experienced Wisconsin divorce attorney or family law practitioner. During the mediation process of a divorce, couple can discuss solutions together, with guidance from the mediator.

 

Child Custody

THE CHILD CUSTODY PROCESS

Understanding Child Custody in Wisconsin

When determining child custody, courts operate under what are often called “best interests of the child” standards. Judges believe that it’s in a child’s best interest to have both parents involved in his or her life. In child custody cases in Wisconsin, parents should also keep in mind that the living situation makes a huge difference. Most judges are biased toward awarding custody to the parent that stays in the family home. If neither parent occupies the family home, the court will still look to provide the child with a stable living situation. This serves to protect the mental and physical health of the child. Evaluate your situation with by filling out our Parenting Plan.

Knowing what it means to have child custody

First and foremost, the parent with legal custody has the right to make major decisions on behalf of the child. These decisions include where to send a child to school, the child’s right to obtain a driver’s license and the ability to determine health care for the child. As one might guess, courts do not take these decisions lightly during Wisconsin divorce cases. Nobody should go through the divorce process without understanding their legal rights as a parent. The attorneys at John T. Fields & Associates have worked on hundreds of child custody cases.

Court-ordered mediation

Court-ordered mediation in a Wisconsin divorce occurs before a child custody case goes in front of a judge. The mediation process is necessary if, and only if, parents can’t successfully reach a child custody agreement on their own. Court-ordered mediation in a Madison divorce has helped many parents reach a satisfactory agreement. Usually, the mediator in a child custody case is an experienced Wisconsin divorce attorney or family law practitioner. During the mediation process of a divorce, couple can discuss solutions together, with guidance from the mediator.

Divorce Basics

What you need to know

To file a divorce in Wisconsin, you must meet basic residency requirements. You can start the process of getting a divorce by filing with the clerk in your particular county. In order to file for divorce, you only have to acknowledge that your marriage is broken beyond repair. A divorce attorney can make sure you stay organized as you begin the divorce process. Filing a divorce action in the appropriate manner is crucial in having a successful divorce.

Child Custody

Child Custody

What you need to know

In most family law cases, courts try to maximize a child’s time with both parents after a divorce. However, the parent with legal custody still gets to make crucial decisions on behalf of the child. Courts do consider each parent’s relationship with the children in a divorce, and they also take the child’s wishes into account in most cases. In the absence of legal custody, a divorce attorney can still make sure you play a role in the life of your child after a divorce.

Child Custody

Child Support

What you need to know about child support

Wisconsin courts have specific rules for setting child support amounts. Child support amounts typically last until a child is an adult and can only be changed under very specific circumstances. Therefore, it’s important that you end up paying the right amount in child support from the very beginning. If you believe your former spouse in a divorce isn't paying the right amount in child support, a divorce attorney can help you address this situation.

Child Custody

Alimony

What you need to know about alimony

In a divorce, Wisconsin courts aim to establish financial equality between spouses. Alimony, or spousal maintenance, is the main way courts do this. There is such a thing as temporary alimony, but most alimony orders are permanent, so it’s important that spouses have a bold legal advocate to argue their case in a divorce trial. Although marriage is supposed to be a give-and-take, oftentimes one spouse sacrifices more than the other during a marriage. Factors such as these can influence how much alimony is paid after a divorce is finalized.

Child Custody

Property Division

What you need to know about property division

Wisconsin family law guidelines are pretty clear-cut when it comes to property division during a divorce. Although there are exceptions, assets are usually split evenly. Still, property division can get pretty complicated. Dishonest spouses will hide or undervalue marital assets to cheat the other party out of his or her fair share. In property division cases, a divorce attorney will help you avoid being taken advantage of. Many types of assets, including ones you probably never thought of, can be divided during the divorce process.

Child Custody

THE CHILD CUSTODY DECISION

What do the courts consider in child custody cases?

Courts in Wisconsin take several factors into account when determining child custody. Some of these factors are obvious, but in a contested family law case, courts will also look at factors that spouses may not think of. Wisconsin courts look at factors like the wishes of the child, if he or she is over 13 years of age. This is the age at which the state of Wisconsin has determined the child is old enough to have a voice in child custody. Courts also take into account the mental and physical health of parents, any domestic violence allegations against either parent and which parent has served as the primary caretaker during the marriage.

What types of child custody are there?

Parents must understand that legal custody isn’t the same as physical custody. The parent with legal custody rights often has physical custody, but not always. Physical custody determines where a child spends the majority of his or her time. It is often called physical placement, or child placement. Whichever parent has physical custody has the right and obligation to provide shelter for the child. This parent may also make routine decisions having to do with the daily responsibilities of caring for that child. Legal custody entails making major life decisions for the child, such as where he or she should attend school, and other important choices.

Visitation vs. child custody

In a child custody decision, visitation is often awarded to the parent who does not receive custody. Before granting visitation rights, courts need to make sure there is no danger with the noncustodial parent seeing the child. If there is a risk, the court may institute supervised visitation, where a supervisor or custodial parent is present while the noncustodial parent visits. Visitation schedules are set by the courts and usually give parents a chance to see their children on weekends, as well as holidays. Your divorce attorney can help you make sure your visitation schedule works for you. Use our Parenting Plan to understand your choices.

THE CHILD CUSTODY DECISION

Child Custody

What do the courts consider in child custody cases?

Courts in Wisconsin take several factors into account when determining child custody. Some of these factors are obvious, but in a contested family law case, courts will also look at factors that spouses may not think of. Wisconsin courts look at factors like the wishes of the child, if he or she is over 13 years of age. This is the age at which the state of Wisconsin has determined the child is old enough to have a voice in child custody. Courts also take into account the mental and physical health of parents, any domestic violence allegations against either parent and which parent has served as the primary caretaker during the marriage.

 

Child Custody

What types of child custody are there?

Parents must understand that legal custody isn’t the same as physical custody. The parent with legal custody rights often has physical custody, but not always. Physical custody determines where a child spends the majority of his or her time. It is often called physical placement, or child placement. Whichever parent has physical custody has the right and obligation to provide shelter for the child. This parent may also make routine decisions having to do with the daily responsibilities of caring for that child. Legal custody entails making major life decisions for the child, such as where he or she should attend school, and other important choices.

 

Child Custody

Visitation vs. child custody

In a child custody decision, visitation is often awarded to the parent who does not receive custody. Before granting visitation rights, courts need to make sure there is no danger with the noncustodial parent seeing the child. If there is a risk, the court may institute supervised visitation, where a supervisor or custodial parent is present while the noncustodial parent visits. Visitation schedules are set by the courts and usually give parents a chance to see their children on weekends, as well as holidays. Your divorce attorney can help you make sure your visitation schedule works for you. Use our Parenting Plan to understand your choices.

 

Child CustodyAttorney John T. Fields was retained to represent me in a divorce action where my infant child was taken out of the country by her mother. Attorney Fields knowledge, experience, and expertise brought this matter to a swift and beneficial disposition. Attorney Fields and representatives of his office handled this matter with integrity, professionalism, compassion, and dignity. Their efforts were invaluable in bringing my situation to a favorable conclusion. My daughter was returned, and my divorce was finalized to my satisfaction.

Curtis E. via Avvo

Child CustodyI left an abusive husband and was afraid that I was going to have to share custody of my child with my husband. Attorney Fields was able to have the custody limited of my child to ensure his safety. He stood by my side and at all times made me feel like myself and my child were safe. I would recommend him to anyone that needs a lawyer that will not be a pushover and will stand up for you and what’s right. He helped me make sure that my child remains in a safe environment! .

Amy via Avvo

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Child Custody

740 Pilgrim Pkwy, Suite 100
Elm Grove, WI53122

608-819-5890
CALL TODAY

740 Pilgrim Parkway, Ste 100 Elm Grove, WI 53122

608-819-5890 CALL TODAY