By Attorney Max Stephenson and Paralegal Courtney Hess

When a couple with children chooses to get a divorce in Wisconsin, one of the most important issues that must be resolved is the children’s custody and physical placement. Physical placement decisions are often complicated and emotionally charged, and they require the consideration of many different factors, including the children’s needs and best interests, the wishes of the children and parents, and the effects on relationships between parents and children.

Extensive discussions or a contested battle in court are sometimes needed to reach a decision on these matters, and once a child custody order has been issued, it can be incredibly frustrating and distressing when your former spouse fails to follow its terms. You should know that if you find yourself in such a situation, you can take legal action to enforce the order and ensure that you have the time with your children to which you are entitled.

By Attorney Max Stephenson and Paralegal Courtney Hess

Whether a child’s parents are married, divorced, or unmarried, the child is entitled to financial support from both of them. In the case of divorced or unmarried parents, this usually comes in the form of court-ordered child support that one parent pays to the other for the purpose of providing for the child’s needs. The amount ordered depends on a variety of factors, but the most important are the income of the paying parent and the placement schedule of the child or children. If a parent’s income changes after the initial child support order, it may be possible to ask that the order be reviewed and modified to account for the current circumstances.

When a Change in Income Can Affect Child Support

In the years after a divorce or child support order, it is common for parents to experience changes in income. This often comes in the form of a raise or promotion that could allow the parent to contribute a greater amount to child support; but decreases in income are also common due to unemployment or a disability that limits a parent’s earning capacity.

By Attorney Max Stephenson

Asking your partner to get a prenuptial agreement can make for an awkward conversation. Before you take this difficult step, it is a good idea to consider whether a prenup actually makes sense for your personal situation. Not every couple needs a prenuptial agreement, but there are situations where one can be beneficial. If a prenup will help to protect your financial interests and give one or both partners greater peace of mind, it may be worth the initial awkwardness.

What Can a Prenuptial Agreement Include?

What is commonly known as a prenuptial agreement is called a “marital property agreement” under Wisconsin law, and it is actually possible to create one either before or during your marriage. As the name suggests, the primary purpose of such an agreement is to clarify matters involving property and finances. Some of the things that a Wisconsin prenuptial agreement can address include:

By Attorney Max Stephenson and Family Law Paralegal Courtney Hess

When you are getting a divorce, arriving at an agreement on the legal custody and physical placement of your children can be a challenging process as you try to prioritize your children’s best interests while balancing the needs of both parents. It is not uncommon for this process to continue even after the issuance of your child custody order, as the needs of everyone involved may change in the years following your divorce. If you find that the original order is no longer feasible or desirable, it may be time to pursue a modification.

When Can Custody and/or Placement Be Legally Modified?

In most cases, a Wisconsin child custody/placement order cannot be modified for the first two years after it is issued. However, you may be able to make the case for an early modification if you can demonstrate that circumstances have changed such that the current order is dangerous or harmful to your children. This could be the case if information comes to light regarding the other parent’s abusive behavior, or the behavior of a new romantic partner introduced to the children. The court may also consider a modification to physical placement within two years if it does not substantially change the time that either parent spends with the children.

By Attorney Max Stephenson

For parents and children alike, one of the hardest parts of a divorce is adjusting to a life split between two households. In most cases, neither parent is able to spend the time with their kids that they did before the divorce. This can be extremely difficult on an emotional level, and it can also involve logistical challenges related to arranging schedules and transportation. 

You may take some solace in the fact that Wisconsin law recognizes the importance of a child’s relationship with both parents, and courts will usually make an effort to grant both parents meaningful time with their children. That said, it is still important that you understand the factors the court will consider in decisions regarding physical placement so that you can make a strong case for an arrangement that meets your family’s needs.