While most states consider a child’s interests when deciding custody matters, Wisconsin has additional requirements. The state’s judges are required to believe that joint custody is in the child’s interests until it’s proven otherwise. Wisconsin parents are less likely to get into visitation disputes because of the rules on joint custody. Physical custody, however, is determined based solely on the child’s interests. A parent seeking custody should hire a child custody attorney in Mequon, WI.
Custody Filing
Child custody matters are usually part of divorce cases. Parents of minor children must file a petition in their count’s family court. A father unmarried to the mother at the time of a child’s birth has no rights until he and the mother acknowledge paternity. If a person is divorced or was never married, and needs a custody modification, they must file in family court.
Parenting Plans
Wisconsin requires that divorce and custody positions be accompanied by parenting plans. The county court clerk can provide parents with the correct forms, or a parent can create his or her own. Legal and physical custody, as well as visitation, should be addressed, and parents should be ready to form plans for holidays and decision making during disagreements.
Before Court
Courts in Wisconsin favor out-of-court settlements because they ensure cooperation while reducing conflict. Judges can order parents to go through mediation; the mediator will encourage parties to arrive at a fair resolution. Judges can appoint a guardian ad litem, who represents the interests of the child. The guardian ad litem can investigate the case, file motions and make recommendations to the judge. Many judges follow these recommendations, and Fraker Law Firm S.C. will present parents’ cases in compelling and clear ways.
During the Case
If parents cannot settle on custody, the case will go to trial. In court, parents should prove why a parenting plan is in the interests of the child. If a parent wants sole custody, they must prove the other parent is unfit. Judges consider numerous factors in these cases, such as parental attachment and level of involvement, abuse history, and the stability of each parent’s environment.
Custody cases are emotional times, and most parents only want what’s better for their children. A child custody attorney in Mequon, WI will protect his or her client’s legal rights while working within state law to ensure that both parents have equal access to the children. Click here for more details about the professional child custody attorneys in Mequon, WI.
