In Wisconsin, child custody is the legal right to care for and make important decisions concerning a child. Parents may have joint or sole legal custody and either primary physical custody, where the child lives with one parent most of the time; shared custody where a child lives with each parent at least 25% of the time; or, split placement where primary placement of one of the children may be assigned to different parent than the other.
Child Custody Determination
Custody is determined with the child’s best interests in mind. It is assumed that a relationship with both parents is beneficial to a child, so more often than not, parents will share custody. If there are disagreements regarding the custody of a child, the court may order mediation to help divorcing parents reach a compromise. Other times, the court may assign a guardian ad litem – someone to represent the child – to investigate and provide the court recommendations regarding the custody arrangements most suitable to meet the child’s best interests. During the divorce process, parents may agree to negotiate a settlement regarding custody or take the matter to trial where each side makes their case to the judge.
Modification to Child Custody
Sometimes it is necessary to make child custody adjustments after the final ruling if, for example, a parent interferes or refuses to follow the custody order. If the situation cannot be resolved, a judge may change the custody arrangement in favor of the spouse denied time with their child. It may also be a significant change in circumstances that warrants a modification such as a change in employment where a parent cannot care for a child. A custody order may be modified, but typically parents must wait two years from the original order unless it can be shown that the current order is not in the best interest of the child.
Contact an Experienced Child Custody Lawyer
If you have questions regarding Wisconsin child custody, contact child custody lawyer Jane Probst at 414-210-3135 for more information.