Custody and placement are determined by parental consent or court order. The court makes an order after a trial or an investigative act in this case. When determining custody and placement, it must consider the following factors: Wisconsin`s duty attorneys answer frequently asked questions about Wisconsin`s custody laws and how custody is decided. Primary custody and sole custody refer to various things. This is mainly the placement where the child is on a daily basis. Sole refers to custody, that is, who can make important decisions in the child`s life. Child custody is determined by examining the factors described in Wisconsin`s custody laws. Some of the factors include the parents` relationship with the child, the time they spent with the child, and any history of abuse or neglect. If the parents cannot agree on custody and placement, the court will likely first ask the parties to participate in the mediation. If mediation fails, the court appoints an ad litem guardian to represent the well-being of the children. The court may also require that a custody study or other assessments be conducted for consideration by the court in making the decision.
“Under Wisconsin law, if a child`s parents are not married, the mother has sole custody (to make legal decisions for the child) until the court decides otherwise.” Each custodial hearing is very different, and many steps must be completed before a trial. These steps may include mediation, custody assessment and appointment, investigation and referral of an ad litem guardian. You need to know what your burden of proof is and how you are going to manage that burden in an appropriate and effective manner. Joint custody requires that both parents be able to communicate and work together well enough to make these decisions. If there is evidence to the contrary, the court may simply award sole custody to one of the parents in order to avoid the continuation of the historically elevated conflict relationship. If you are concerned about your child`s safety or well-being while with their other parent, sole custody is one way to protect them. To learn more about how schott, Bubllitz & Engel`s experienced lawyers assist clients with custody, housing and other legal matters related to children and families, contact us online or call us at 262.827.1700. Placement means the right of a parent to physically place the child with that party and has the right and responsibility to: during this placement, make routine daily decisions regarding the child`s care that are consistent with important decisions under the custody designation. The placement order indicates where and with whom the child actually spends time. If a party receives sole (full) custody of a minor child, they do not need to obtain permission from the other parent.
However, it is not very common for a party to be given sole custody. This only happens if one of the parents is unwilling or unable to perform parental duties, if there is a compelling reason not to grant joint custody, or if the parties are unable to cooperate in the future. Common examples of some of the reasons why a court would order sole custody include drug or alcohol abuse, incarceration, child or other parent abuse, mental illness, or simply absence, such as parents who are not involved or who live outside the state. Grandparents have custody and access rights, but they are usually not considered in most divorce cases. In order to transfer custody to a parent other than the parents, the court must determine that neither parent is able to provide adequate care for the child, or that neither parent is fit and appropriate to have care and custody of the child. The consequences of filing for divorce can be chaotic and painful. After all, it doesn`t just affect you and your spouse. It also affects your children and their lives.
This is especially true if you are seeking sole custody in Wisconsin. Under Wisconsin law, joint custody is considered to be in the best interests of the child, meaning that both parents have the same decision-making power, unless there is convincing evidence that it would not be in the best interests of the child. In particular, if a court knows that a parent may pose a risk to a child`s health or safety, this may be a reason to deny custody of that parent. For example, the court will take evidence of domestic violence or domestic violence very seriously. If there is evidence that a parent has committed any of these acts, there may be a rebuttable presumption that it is prejudicial to the child and contrary to the child`s best interests to give joint or sole custody to the abusive parent. The court may also decide that one parent should have sole custody if the other parent is incarcerated or has a substance abuse problem, or if they may not be close enough to participate in the decision-making process. Ultimately, decisions about custody and placement of children should be based on what is best for your child. An experienced Wisconsin family law attorney can help you understand and apply the factors that the courts consider in these decisions. Having an experienced family law lawyer by your side can greatly improve your chances of successfully securing a custody and placement agreement that works best for you and your children.
When the courts make decisions on what is in the best interests of a minor child, the judge may grant primary, shared or split placement. The judge may also grant joint or sole custody or something in the middle. In this blog post, we briefly look at the differences between these scenarios. Often, sole custody goes hand in hand with primary placement. But there are cases when one party has sole custody and the other has a partial placement or even 50-50. Or the other parent may have supervised a visit only if they pose too much danger to the child. This is when another party, such as a grandparent or social worker, must be present during the visit to ensure the child`s safety. In some cases, asking for sole custody may mean seeking the safety of your children. If your spouse was a danger to you or your children, you can apply for an injunction and sole custody for these reasons.
In other cases, you may simply believe that your spouse is not able or able to care for your children. If the court grants you a primary physical placement, it means that your child will live with you most of the time. However, primary investment does not necessarily mean a single investment. Similarly, shared placement does not always mean that parents will exercise the placement on a 50/50 basis. Shared placement simply means that the child lives with each parent at least 25% of the time. If you believe it is in your child`s best interest to live apart from their other parent, you may need help. Luckily, a Wisconsin attorney can help you fight for full custody. .