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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.

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Location &contact

Milwaukee/Tosa – 933 N Mayfair Rd, Suite 300, Milwaukee, WI 53226

Fox Point – 8651 N. Port Washington Rd. Suite A, Fox Point, WI 53217

Downtown Milwaukee – 1433 N Water St, Floor 4 – Suite 428, Milwaukee, WI 53202

Menomonee Falls – 11414 W Park Pl – Suite 202, Milwaukee, WI 53224

Brookfield – 200 S. Executive Drive, Suite 101, Brookfield, WI 53005

Waukesha – N19 W24400 Riverwood Dr Suite 350, Waukesha, WI 53188

Kenosha – 1213 55th Street Suite 101 Kenosha, WI 53140

Appleton – 5497 W Waterford Ln Suite E Appleton, WI 54913

West Bend18 E Washington St. Suite B West Bend, WI 53090

Madison – 811 E Washington Ave. Suite 418, Madison, WI 53703

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