Family Law ~ Child Custody

Representing Your Best Interests in Family Law Matters Related to Custody and Placement Arrangements in Wisconsin

Family law cases involving divorce, child support, maintenance, and child custody issues are among Wisconsin courtrooms’ most hotly contested legal matters. Child custody is a critical legal matter that follows legal separations, annulments, and divorce proceedings, where former partners who had children together must reach an agreement on where the child lives and who can make important decisions on the child’s behalf.

The Wisconsin statute for child custody matters always looks after the best interests and well-being of the children first and foremost. A Wisconsin family law court will consider many factors when it comes to issuing child custody and placement orders, including the child’s developmental needs, the mental and physical health of both parents, and more.

If you are fighting to obtain either sole or joint legal custody, or if you are hoping that the child spends most of their time at your residence, it is highly recommended that you seek the legal counsel of experienced child custody attorneys.

What is the Difference Between Legal Custody and Physical Placement?

While many people think of child custody as only where a child resides, there are two different types of child custody in Wisconsin: legal custody and physical placement.

Legal custody is the parental right to make major decisions for minor children, such as where they go to school, their religious upbringing, their health care choices, and routine daily decisions. Two types of legal custody can be awarded in Wisconsin: joint and sole legal custody. In cases of joint legal custody, both parents can make important life decisions about their child’s medical treatment, education, religious teachings, and more. In situations of sole legal custody, only one parent has the authority to make all of these significant decisions.

Physical placement refers to where and with whom the children will spend a significant amount of their time. There are two primary types of physical placement in Wisconsin: primary physical placement and shared physical placement. In primary physical placement, the children often live with one party and only spend limited time with the other parent. Primary placement is decided based on many factors, including the history of child abuse or substance abuse. Shared physical placement unfolds with children spending roughly equal amounts of time with both parents and at both residences. In such instances, the child’s parents would work together on creating a parenting plan that suits their interests and looks after the needs of the children.

What Are Major Decisions That Parents with Legal Custody Can Make?

Legal custody usually involves important decisions about the child’s life, development, and significant life choices. Legal custody can rest with one party or be shared between both parents.

Wisconsin divorce law outlines the major decisions that parents with legal custody can make for their children.

The decisions that adults with legal custody can make on behalf of their minor children include the following:

Authorization for non-emergency health care
Choice of school and education
Consent to obtain a driver’s license
Enter military service consent
Marry consent
Religious upbringing
And more

If you need help understanding the responsibilities of joint or sole legal custody, please contact our law firm for legal assistance.

What Do Wisconsin Courts Consider When Determining Child Custody Orders?

When deciding child custody orders, whether for joint or sole custody, the courts must consider many factors about the child’s life, the child’s relationship with either parent, and other factors that could be deemed relevant to the family law case.

Wisconsin law requires that couples participate in at least one mediation session with a professional mediator before proceeding to court. If a decision cannot be reached in mediation, the courts often appoint a guardian ad litem to represent the children’s best interests. A Wisconsin family law court may also require a detailed parenting plan that establishes how each parent will care for the needs of their children.

Wisconsin statutes list the many factors used to determine legal custody and physical placement arrangements. These factors include the following:

The wishes and preferences of the child, provided they are mature enough
The wishes of the child’s parents
A history of quality time spent between the child and his or her parent in the past
Questions about whether the mental and physical health of either parent affects their ability to care for their child’s well-being
The special needs of the child and either parent’s ability to meet those needs
The child’s relationship with the parents, siblings, and any other household family members
Any evidence of domestic violence
A history of excessive discipline or emotional abuse by a parent
Evidence of excessive alcohol consumption, drug use, child abuse, or sexual abuse
The child’s stability if forced to change schools or communities
The willingness of each parent to cooperate and facilitate a healthy relationship between the child and the other parent
The child’s age and developmental or educational needs
The living accommodations and the safety of the environment in which either parent resides
Safety concerns about the home environment
How many hours of work is either parent committed to, and how will that affect their parenting schedule
The distance between each parent’s home
Which holidays and special events are more important to either parent
The availability of public or private childcare services
The child’s need to adjust to a new home, social circle, or religion
As well as any other factor that the court deems to be relevant

Is Child Support Considered When Making Custody Decisions?

Under Wisconsin law, parents are legally obligated to provide adequate financial support for their children. Guidelines and formulas calculate fair child support payments, considering parenting plans and parents’ income levels. While this formula may appear simple, many factors can complicate calculations. In some cases, it may be wise to deviate from the formula based on the parents’ financial resources and the children’s needs.

The shared placement child support formula applies when parents have at least 25% physical placement. This formula considers the gross income of both parents (before tax) and the number of overnights that either parent gets with their children each year, then offsets them against one another. Thus, even if parents have equal placement, the parent who earns more income will still be expected to pay child support obligations to the lesser-earning parent under this formula. Child support is calculated using the percentage standard in family law cases where a parent has less than 25% placement.

Child support will be based on both parents’ incomes, the cost of medical treatment for the children, daycare costs, the basic needs of the children, and child custody arrangements.

Can Existing Child Custody Orders Be Modified?

Suppose there is a dispute or a substantial change after the original court order for child custody has gone into effect. In that case, one or both parties can go to court and ask for a child custody modification. Securing any alterations to child custody orders can be challenging, particularly within the first two years of the initial judgment hearing. If you seek to modify child custody in your case, it is highly advisable to seek the professional legal counsel of experienced lawyers.

For a family law court to approve a petition to modify child custody, you usually need evidence of either physical or emotional circumstances for the children or proof that changing the custody orders would benefit the children.

Sometimes circumstances change, and the originally reached agreements no longer work for you or your family. Wisconsin courts can modify legal custody and placement arrangements based on the evidence presented, or parents can reach mutual agreements to alter their arrangements without litigating the issues in court.

Unless you make a post-judgment modification, the child custody orders will typically remain in place until your child reaches the age of 18.

What Happens in Child Custody Cases Involving Relocation?

When one of the parents wants to move out of state or far away from the other parent with custodial rights, such as for a change of employment or to be closer to a new partner, specific requirements must be followed. Wisconsin has strict child relocation laws in place to protect the interests of the children and the parental rights of those with custody.

If a parent wants to move, the parent intending to relocate with their children must provide written notice of their intent to relocate at least 60 days before the planned move. The notice must be in writing and include the date of the intended relocation and the intended new address.

When a parent plans to relocate and reside with their child 100 miles or more from the other parent, they must file a motion seeking permission from the court. In family law cases where physical placement is granted to both parents but one of the parents intends to relocate a great distance away, the parent who wants to move must obtain permission before moving. In some cases, there may be a request for a change in legal custody and an attached objection to relocation form.

Is Legal Representation Needed For Your Child Custody Case?

There are many dos and don’ts that you must consider when going through a child custody case. Temporary orders must be followed just as closely as any permanent orders. Irresponsible use of social media or speaking ill of your ex-spouse in public can be frowned upon. Skipping mandatory parenting classes or getting arrested will look bad in your family law case. To ensure that your rights are protected and that you aren’t making mistakes that harm your case, it is highly recommended that you seek the professional legal advice of experienced child custody attorneys.

Our family law lawyers believe in providing compassionate, communicative, and competent legal care to clients needing assistance. With our legal guidance, we can help you through the entire process in pursuit of the most satisfactory outcome for your child’s custody case.

It is inadvisable to enter contentious family law matters such as child custody disputes without legal representation in your corner. Our legal team would consider all options and keep you informed of all your rights and responsibilities throughout the legal process to secure a favorable resolution to your case.

Schedule a Complimentary Consultation with an HKK Law Offices Attorney

Our Wisconsin law firm is staffed with experienced attorneys who have represented clients in complicated family law cases, including child custody disputes. Whether you and the other parent cannot agree on a parenting schedule, or you are defending your parental rights, our legal team has the knowledge and training necessary to help you navigate even the most difficult of circumstances.

To learn more about our legal services and how our attorneys can assist you with your family law case, please schedule your complimentary consultation today.

Contact HKK Law Offices at 920-635-2992 or visit the Complimentary Consultation button at the top of the page to schedule online.

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