In Wisconsin, divorce cases determine which parent acquires child custody in most cases. However, if the couple was involved in a divorce trial, they may have a separate hearing to define child custody arrangements. In these cases, the attorney needs vital details that apply to the child and why the parent feels they are the right choice. The following are details to discuss with a lawyer in Milwaukee, WI about child custody.
Any History of Domestic Violence or Abuse
If there is any history of domestic violence or abuse, the petitioner must provide these details to their attorney. These instances could deem the defendant as a risk to the child and prevent them from acquiring custody. This includes any existing orders of protection that include the child as a victim.
Any Wishes of a Child That Is at Least 12
Any child that is at least 12 years old has the legal right to determine where they live in these cases. The court will assign an advocate ad litem for the child specifically. This additional attorney will represent the child in these matters and ensure that their wishes are heard by the judge.
Previous Custody Arrangement in a Prenuptial Agreement
Any previous child custody arrangements that are stated in a prenuptial agreement are valid. The petitioner must provide a copy of the agreement to utilize these arrangements in their case. It must be their original copy provided by their spouse’s attorney.
Any History of Drug and Alcohol Abuse Associated with the Defendant
They must provide their attorney with any information they have related to a drug or alcohol problem. The defendant will be assessed by a counselor to determine if this condition is still relevant to the case. The court can order supervised visitation and order the defendant to participate in a drug or alcohol treatment center.
In Wisconsin, divorce cases determine the child custody arrangements typically. However, some circumstances may require additional measures. If a parent believes that their child is endangered, they can acquire custody through a new hearing. Parents who need assistance with a child custody case should contact a lawyer in Milwaukee, WI directly.