Madison Sole Custody Attorneys

Child Custody Lawyers in Dane County for Parents Seeking Sole Custody of Their Children

During a divorce or family law case, issues related to child custody will often need to be addressed. In most cases, parents will be able to share joint custody of their children. This means that they will both have the right to make important child-related decisions, and each parent will be able to spend reasonable amounts of time with children on a regular, ongoing basis. However, joint custody arrangements may not always be in the best interests of the children involved in a case. In some situations, sole custody may be an appropriate option based on factors such as domestic abuse or the absence of a parent.

If either parent believes that sole legal or physical custody of a child is necessary, they will need to provide evidence in court backing up their claims. To ensure that these matters are handled correctly, it is crucial for a parent to work with an experienced family law attorney. At John T. Fields & Associates, LLC, we can provide representation for parents who are seeking sole custody or for parents who need to protect their parental rights and ensure that they will be able to maintain custody of their children. Our goal is to find solutions that will provide for the best interests of the children involved in a case while also helping our clients ensure that they can continue to play an important role in their children's lives

When Can Sole Custody Be Awarded in Wisconsin?

Joint custody arrangements are usually favored by family court judges. Even if parents do not get along, they are expected to put their differences aside and work together to raise their children to the best of their ability. In fact, Wisconsin law presumes that it is in children's best interests for parents to share legal custody. However, this presumption can be challenged if there is reason to believe that joint legal custody would go against the children's best interests. Situations where joint legal custody may be appropriate may include:

• The parents agree that one parent will have sole legal custody.
• One parent is not capable of meeting their parental responsibilities. For example, if a parent has physical or mental disabilities that prevent them from fulfilling their parental duties, the court may award sole legal custody to the other parent.
• One parent is absent, incarcerated, or does not wish to have an active role in raising their children. If a parent has not made an effort to be involved in children's lives in the past or is unwilling or unable to participate in making decisions for children in the future, sole legal custody may be awarded to the other parent.
• Other circumstances prevent parents from being able to share joint legal custody. For example, if one parent has moved to a different state or no longer lives in the United States, they may not be able to fully participate in raising children, and it may be appropriate for the other parent to have sole legal custody.
• The parents will be unable to cooperate effectively to make child-related decisions. Sole legal custody may be appropriate if there are high levels of conflict between parents or if they are unwilling to speak to each other and work together to address child-related issues.
• There is evidence that a parent has engaged in domestic abuse, including abuse of their spouse, children, or other family or household members. In these cases, there is a presumption that parents will not be able to cooperate in decision-making. However, a parent who has committed abuse but has completed a certified treatment program and has taken steps to prevent drug or alcohol abuse may still be able to share legal custody, as long as the court determines that this would be in the best interests of the children.

In some cases, one parent may have sole legal custody of children, but the other parent may still be allocated periods of physical placement that will allow them to have regular, meaningful time with their children. Children are entitled to have periods of placement with both parents unless a family court judge determines that doing so would put their physical or emotional health at risk. If there is reason to believe that a child may be in danger of harm when they are with one parent, that parent may be denied physical placement, and sole physical custody may be allocated to the other parent.

Contact Our Dane County Sole Child Custody Attorneys

At John T. Fields & Associates, LLC, we understand that addressing issues related to child custody can be a difficult and emotional process for families. We strive to provide compassionate legal guidance while also helping clients pursue the best possible outcomes for their children. We are here to help you navigate these issues correctly while providing advice on how to effectively present your concerns in the courtroom as you ask a judge to decide how the custody of your children will be handled. Whether you are seeking sole custody or want to determine how you can share custody with the other parent, we encourage you to contact our office by calling 608-729-3590 to arrange a consultation.