Child Custody in Wisconsin
When you’re seeking out a divorce, you and your spouse may not be the only ones affected by the proceedings. If you have children, it’s likely important to you and to your spouse that your children don’t have to face extensive consequences because of the divorce.
As such, you’ll need to speak to a child custody lawyer before or as soon as you file for divorce. At Karp & Iancu we want your children to feel safe and cared for during this difficult time, so we’ll help you make the best decisions for them.
In addition to custody, we can also help with providing resources for grandparents looking for visitation rights, information about the laws regarding relocating a child, as well as what steps need to be taken to modify a previous custody plan.
How Is Custody Decided?
When you and your spouse are planning to file for divorce, you’re likely concerned about who will receive custody of the children. When filing, one of the first documents you’ll submit may be a temporary order for child custody. This order decides who will be responsible for your child’s needs, like food and shelter. If you and your spouse have already come to some agreement, getting custody of your child might be as simple as bringing the temporary order to the judge and settling their long-term custody during the filing process.
Keep in mind that you could decide to have either sole or joint custody.
- Sole custody gives you complete custody over the child, which means that you’ll be the sole decision-maker for them, and the other parent will not have physical custody of the child.
- Joint custody gives your spouse more time with the child by sharing custody. An example of joint custody would be the children spending the week with one parent and spending the weekend with the other parent. A common joint custody agreement gives both parents the time they need with their child, if they can agree on the best options for the child.
The Child’s Best Interests
If the parents can’t agree on a custody agreement, then the case will go before a judge, who will officially decide. You and your child custody lawyer will then have a chance to defend your right to your children and why it’s in your child’s best interests to let you have regular contact.
Typically, the judge will cover multiple factors when considering your child’s best interests, such as the following:
- Proximity to school
- Distance moved
- Mental health of parents
- Signs of abuse
- Physical health of parents
Physical and Legal Custody
Keep in mind as well that there are different types of custody; physical and legal.
Physical custody means that you have physical control over your child in that you’re the one responsible for making decisions. You’ll house the children, feed them, clothe them, and provide the basic care that’s expected of parents.
Legal custody may be granted to both parents even if one doesn’t have physical custody. Legal custody lets the noncustodial parent maintain some parental rights, like the right to access private records. These rights can help a parent provide for their children, even if they don’t physically have custody of them.
When preparing for a divorce you’ll need to be prepared to deal with some tough questions. That’s especially true when it comes to your kids. You want the best for them, but you may be concerned about them living with your spouse, and you’re considering fighting for custody of the children.
If you’re struggling to get custody of your children, speak to a lawyer at Karp & Iancu about your case and get the help you need. Our lawyers can help you fight back if you and your spouse can’t agree on the best choice for your child.
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