In Wisconsin, child custody cases can often be complex and emotionally charged. Parents will frequently encounter disputes over sharing custody of their children, including how they will make decisions about important issues. In some cases, a parent may believe that they should have sole custody of their children rather than sharing custody with the other parent. It is important to understand when sole custody may be considered as a viable option by the courts. A parent who is planning to seek sole custody can work with an attorney to determine how to address these issues.

What Is Sole Custody?

In Wisconsin, legal custody refers to the ability of a parent to make major decisions regarding the child, such as where the child will go to school, what doctor they will see, whether they can get a driver’s license, or what religion (if any) they might practice. Wisconsin statutes separately define physical placement, which involves how often a child will reside with one or both parents. Sole legal custody typically refers to a situation in which one parent has the  responsibility for making major decisions.. The parent with sole legal custody will generally have the right to make all major decisions about the child's upbringing without consulting with or obtaining consent from the other parent.

The Best Interests of the Child

Decisions regarding legal custody are always based on what is in the best interests of the child. In Wisconsin, it is typically presumed that joint legal custody is in the best interest of the child, unless an analysis of various factors leads the court to determine that granting sole legal custody serves the best interest of the child..

A prenuptial agreement, also known as a “prenup” or a marital property agreement, is a legal contract that a couple agrees to before they get married. This type of agreement may address the division of assets and debts or other financial matters in the event of a divorce or separation. While prenuptial agreements are not romantic topics to discuss, they can provide clarity and protection for both parties if their relationship breaks down in the future.

Property Division

One of the main purposes of a prenuptial agreement is to address the division of property in the event of a divorce or the death of either spouse. Wisconsin is a community property state, which means that any property acquired during the marriage is generally considered marital property and is subject to equal division between the spouses. However, a prenup can override this default rule and allow the couple to address issues related to their property in advance of a divorce or separation.

A marital property agreement can specify which assets will be considered separate property and which will be considered marital property. Separate property typically includes assets owned by one spouse before the marriage, as well as inheritances, gifts, and personal injury settlements. By clearly detailing what assets are classified as separate property, a prenup can help protect these assets from being divided in the event of a divorce.

 By:  Attorney Max Stephenson and Paralegal Ali Jaeger

When parents choose to get a divorce, they will usually be looking to avoid disruptions to their children's lives as much as possible. As parents address issues related to child custody, they will make many decisions addressing how they will cooperate to address parenting issues going forward and when children will live with each parent. To provide stability and ensure that the children’s interests are protected, Wisconsin law requires divorcing parents or unmarried parents who are addressing child custody issues to create a parenting plan. It is important for parents to understand how issues related to parenting plans will be handled and what must be included in these agreements.

Understanding Parenting Plans

A parenting plan is a written agreement between two parents who are getting divorced or separating. The purpose of this document is to provide clarity regarding the rights and responsibilities of each parent in regard to raising their children. It will also address issues related to physical placement (also known as visitation), as well as communication between parents, transportation for children, and other child-related concerns. The goal of creating a parenting plan is to make sure that parents will be able to work together to provide for their children's best interests.

By: Attorney Megan Drury and Paralegal Ali Jaeger

In many divorce and family law cases, child support is one of the most important matters that will need to be addressed. Determining child support obligations can be a daunting task for parents, and balancing financial responsibility with the child's best interests is an ever-evolving challenge. As parents address these issues, they will need to understand the types of expenses that child support will cover, including the "variable costs" and medical expenses that may be added to a child support order.

What Are Variable Costs?

In Wisconsin, parents' financial obligations toward their children are determined by the state's child support guidelines, which calculate child support amounts based on the number of children and each parent's income. Wisconsin uses a "percentage of income" standard in which a non-custodial parent's income is multiplied by a specific percentage corresponding to their number of children to determine the amount of child support they will be required to pay. This standard is used in non-shared-placement cases where children will primarily live with one parent. However, in shared-placement cases where children will be living with each parent at least 92 days per year or 25% of the time, the percentages may be applied to both parents' incomes, and each parent's obligations will be adjusted based on the percentage of time the children spend with the other parent.

By: Attorney Megan Drury and Paralegal Ali Jaeger

If you are a parent who receives child support in Wisconsin, these payments may be essential for ensuring that you can provide for your children's ongoing needs. Unfortunately, enforcement of child support orders put in place by a court is often necessary in cases where non-custodial parents fall behind on payments. The good news is that there are several different ways to enforce a child support order in Wisconsin. 

Child Support Enforcement Actions Available in Wisconsin

When child support is past-due, the recipient may bring this matter to the attention of the court, or they may work with the Department of Children and Families (DCF) to collect what is owed. Notably, Wisconsin law requires interest to be charged on child support that has not been paid. When the total amount of child support that is past-due exceeds the amount that a parent is required to pay in a single month, a 0.5 percent interest charge will apply to the amount owed.