Please contact Karp & Iancu, S.C. today. Our Milwaukee child custody lawyers help parents who are searching for a child custody attorney near you and need guidance through divorce or paternity-related custody disputes. Our team is prepared to:
- Examine the specific circumstances of your case;
- Gather all documentation necessary; and
- Develop a strategy to help ensure your rights are protected as a parent.
What Is Child Custody Under Wisconsin Law?
Many parents define custody as physical possession of a child. However, that is not the legal meaning used in Wisconsin.
In this state, child custody refers to the authority to make major decisions for your child, including medical care, education, extracurricular activities, and religious upbringing. If you have legal custody, you have a voice in these matters. Speaking with a child custody attorney near you can help clarify how these rights apply to your specific situation.
Child custody may be sole or joint. With sole custody, one parent has decision-making authority. With joint custody, both parents share that responsibility. In our experience as Milwaukee child custody attorneys, most courts favor joint custody unless there is evidence of abuse, neglect, or abandonment.
What Is Physical Placement in Milwaukee Child Custody Cases?
Physical placement refers to where the child lives and which parent the child stays with on a day-to-day basis.
Wisconsin courts generally prefer that children maintain strong relationships with both parents. As a result, it is uncommon for one parent to receive all placement time. A parent has primary placement when the child spends more than 75 percent of overnights with that parent. Shared placement exists when each parent has more than 25 percent of placement time.
Judges often prefer shared placement, but parents frequently disagree over schedules, holidays, and school-year arrangements. Working with a Milwaukee child custody attorney near you can help resolve these disputes before they escalate.
Creating a Placement Schedule With a Child Custody Attorney Near You
Parents are encouraged to reach agreements on custody and placement whenever possible. Not every Milwaukee child custody case requires litigation, especially when parents have access to an experienced child custody attorney near you who can help guide negotiations.
Parents who work together to create a placement schedule often experience fewer conflicts and greater long-term stability. When agreement is difficult, mediation may be required. Mediation involves both parents, their attorneys, and a neutral third party who helps guide discussions toward a workable solution.
How Judges Decide Child Custody in Milwaukee
When parents cannot agree, a judge must decide custody and placement. Wisconsin law requires courts to consider a specific list of factors when determining what arrangement serves the best interests of the child.
- Each parent’s wishes
- The child’s wishes
- The child’s relationship with each parent
- The mental and physical health of each parent and the child
- Each parent’s history of caregiving
- The parents’ ability to cooperate and co-parent
No single factor controls the outcome. In some cases, the court may appoint a Guardian ad Litem to investigate and make recommendations to the court. Consulting with a child custody attorney near you can help you prepare for this process.
Modifying a Milwaukee Child Custody or Placement Order
Custody and placement orders may be modified, but only under certain circumstances:
- Agreement. Parents may agree to modify an order as children grow older or schedules change.
- Imminent harm. Orders less than two years old may be modified if the child is at risk of physical or emotional harm.
- Substantial change in circumstances. Orders older than two years require proof of a substantial change and that the modification is in the child’s best interests.
Enforcing Child Custody and Placement Orders
Disputes sometimes continue even after a court order is in place. If the other parent interferes with placement time, court enforcement may be necessary.
Intentional violations of a placement order may result in contempt findings, fines, or additional placement time. If this happens, contacting a Milwaukee child custody attorney near you as soon as possible can help protect your parenting rights.
Establishing Paternity in Milwaukee Child Custody Cases
When parents are unmarried, the mother initially has sole legal custody. A father must establish paternity to obtain custody or placement rights and to be legally responsible for child support.
Paternity may be established voluntarily or through court-ordered DNA testing. Whether you are a parent seeking custody or support, a child custody attorney near you can help ensure the proper steps are taken.