CHILD CUSTODY AND PLACEMENT IN WISCONSIN

WHAT EVERY DIVORCING PARENT SHOULD KNOW


UNDERSTANDING THE "BEST INTEREST OF THE CHILD" STANDARD

In Wisconsin, the term “custody” is often misunderstood to mean the parent with whom the child is living after the divorce, when in fact the term is short for “legal custody” - the right to make major decisions affecting the child, such as choice of school system, doctors, and the like. The phrases “physical placement” and “visitation” are used to describe the living arrangements for the child, starting with the amount of time the child resides with each parent. Most cases open with the presumption that shared legal custody and shared physical placement are in best interest of the child, which requires both parents to work together to ensure the safety and well-being of their child. Divorce PRO Wisconsin offers personalized legal solutions for divorcing parents who want to minimize the impact of divorce on their children. We are here to help.

How Do Courts Decide Child Custody and Placement?

If the parties cannot agree, the Court will decide custody and placement for them after considering the facts of their situation and the best interest of the child. In some cases, the Court is guided by the recommendation of a Guardian ad Litem (GAL), an attorney appointed to represent the child’s interests at trial. In doing so, the Court is required to weigh a variety of statutory factors aimed at maximizing each parent’s role in the child’s life moving forward, as follows:
  • The wishes of the parents as evidenced by an agreement, a parenting plan, or a proposal.
  • The wishes of the child as communicated by the child through a GAL or other appropriate professional.
  • The relationship between parent and child, child and sibling, and/or child and other persons of significance.
  • The participation of each parent in the upbringing of the child to that point.
  • The child's ability to adjust to a new home, school, and community.
  • The child's age, along with the child's developmental and educational needs.
  • Click to review each of the 16 factors outlined in sec. 767.41(5)(am) of the Wisconsin Statutes.
For more information on child custody, Divorce PRO Wisconsin has all the legal help you need when you need it, at a price you can afford.

Limited Scope Representation in Custody and Physical Placement Actions

Far too often, an otherwise simple divorce will take a turn for the worse when parents are unable to agree on matters related to their child. While both parents are likely to have the child’s best interest in mind, making a case for one parent’s wishes over the other can be frustrating and costly. If not handled properly, there will be lost time, lost support, and lost sleep. In these types of cases, having an experienced divorce attorney or divorce mediator can make all the difference. Let the professionals at Divorce PRO Wisconsin help you find an affordable, issue-specific solution that meets your needs and your budget.

What Does Divorce PRO Cost?

Your first step is free. Our initial consultation includes expert analysis of the facts you provide and a comprehensive breakdown of the key issues in your case. From there, we work with you to find the right solution for the right price, one step at a time, for as little as $100 per service requested. Divorce PRO is legal help with your divorce made simple.

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