Protecting Your Rights During Custody Battles
As the parent of your children you should expect certain rights, even while custody, support, and visitation are being decided.
If your spouse or significant other is fighting for custody, we understand you may be scared and unsure as to how everything will turn out. Your relationship with your children is very important, and we understand you might struggle with the idea that the relationship you have with your children will change from your divorce.
When it comes to divorce, child custody, child support, and alimony, you likely have several questions about your rights to your children. To ensure your rights are protected through the course of the divorce, reach out to our attorneys at Karp & Iancu today. We have over 45 years of experience in Family Law in Milwaukee.
A Mother’s Right to Custody
If paternity is in question for any reason, the mother is likely the first option for custody until paternity is confirmed. In cases where the mother and the father of the children weren’t married, paternity might be in question. As such, until paternity is identified, you might find that you’ll be the one with sole custody of your child.
Protecting your time with your children is likely of great importance to you during divorce. This is why you will need to be prepared to protect your rights when it comes to custody, and the best way to insure this happens is to work with an attorney. You will need someone who can argue that you’re the best fit for custody of your children, especially if the father of your children disagrees with the current ruling.
A Father’s Right to Custody
If Paternity is not in question, you’ll have certain legal rights to your children, such as custody and visitation rights. Wisconsin law places plenty of importance on children having access to both their parents, so your attorney can help you fight back for those rights.
If paternity is in question, you will need to go through a paternity testing process to prove you are the father of your child.
Your Child’s Best Interests
One of the major considerations in your custody hearing will be what the best interests of your child are. The courts want your child to be safe and cared for, so they’ll choose the person who receives custody of the child carefully.
When it’s time for your custody hearing, you and your lawyer will need to consider how important you are to your child’s health and safety. That’s especially true for mothers of infant children. Your child may still be breastfeeding, for example, making the mother-child relationship especially important.
It won’t be the only factor for your case, however. Any of the following factors might change your custody agreement:
- Distance to school
- The child’s wishes
- Safety of the child
- Mental and physical health of the parents
- Criminal records of the parents
Protect Your Rights
As a parent, you want to know that you’ll be able to protect your time with your children. Unfortunately, when you’re facing a divorce, you might feel that your time with your children isn’t guaranteed. If you are struggling to understand your rights, fill out the form below for a free consultation.