Wisconsin Parental Rights Attorney

Learn the largest difference between maternal rights versus paternal rights prior to and during a divorce in Wisconsin below.

All parents should expect certain basic rights, even while child custody, support, and visitation are still under consideration of the court.

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Your Rights to Custody in Wisconsin

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The information provided does not, and is not intended to, constitute legal advice. Talk to a lawyer today for legal advice

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 a divorce. This is why you will need to be prepared to protect your rights when it comes to custody, and the best way to ensure this happens is to work with an experienced Wisconsin parental rights 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.

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Before your divorce is final, you are entitled to a certain set of basic parental rights. If your spouse or another person is putting those rights in jeopardy, schedule a confidential consultation with us or complete the form below.


Build evidence & case

The threat of terminating parental rights is a complex, serious matter. We'll gather substantial evidence to back up your position and assert your voice with facts that support the best interest of you and your child.


File a petition with the court

Your child's welfare always comes first. After we work together to determine your ideal path forward for you and your co-parent's parental responsibilities, we'll file papers and evidence so it can be reviewed by the county court.

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 Parental 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 confidential consultation.

Talk to a Parental Rights Attorney in Wisconsin

There are many different parts of family law—good thing we're experts in all of them

Apart from ensuring parent's rights are kept in tact before, during, and after a divorce, we also provide legal services for the below practice areas:

Alimony & Maintenance

Marriage isn’t always equal—and neither is divorce. You may have made unequal caretaking or financial contributions to the family. We will help you fight to make sure those contributions are acknowledged and compensated.

More about alimony

Child Custody & Visitation

Learn whether sole custody or joint custody is best for your children and find a visitation schedule that will work for your family.

More about child custody

Child Relocation

Do you have questions about where you can relocate your children in the state of Wisconsin? We can help you understand the laws surrounding relocating a child.

More about child relocation

Child Support

When you’re a parent going through a divorce, your first concern is likely your children. Our lawyers are experts in guiding clients through the options available. We understand your top priority is making sure your children are taken care of.

More about child support

Property & Assets

When you’re facing a division of marital property, it can be tough to ensure you’ll get a fair share of the assets. We’ll work with you to determine what is and is not part of the marital estate and will help you claim what is rightfully yours.

More about assets


Divorce is difficult & exhausting, but it's not devastating or complicated with the right attorneys on your side.

Our Approach to Divorce

Legal Separation

An alternative to divorce that still allows you to define your rights to your children and finances while claiming your independence.

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Military Divorce

We've been helping clients navigate the complex Wisconsin military divorce laws for decades.

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Whether paternity is established by acknowledgement or only after genetic tests, we are here to help you through the process from start to finish.

More about paternity

Meet our award-winning Wisconsin family law & divorce attorneys