Decisions about the custody and placement of children are often a factor in divorce proceedings or in cases where parents are unmarried. However, there are also situations where someone other than a child’s parents are closely involved in raising children. Non-parents who wish to obtain child custody rights for children in their care should be sure to understand how Wisconsin law applies to their situation.

Child Custody for Non-Parents

When making decisions about child custody, Wisconsin courts will act in the best interests of the child. In some cases, custody may be awarded to a child’s relative if the court finds that “neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child.” Eligible relatives may include grandparents, aunts, uncles, stepparents, cousins, or siblings.

A child deserves to have a relationship with and receive support from both parents, whether his or her parents are married or unmarried. In cases when parents are not married at the time of a child’s birth, or when the identity of the child’s father is in question, it is important to follow the proper legal procedures to establish paternity. This will ensure that a child’s parents can exercise their parental rights and that the child will receive the financial support he or she needs from both parents.

Methods of Establishing Paternity

Wisconsin law recognizes three ways to establish paternity: 

During a divorce, disputes about how parents will divide responsibility for their children and where children will live can be highly contentious. When divorcing parents in Wisconsin are working to make decisions about their children, it is important to understand how the state’s child custody laws affect these matters.

Legal Custody and Physical Placement

Wisconsin law divides decisions about child custody into two categories: legal custody and physical placement. Legal custody involves the right to make decisions about a child’s care and upbringing, including the medical care he or she receives, where he or she will go to school, the choice of religion, and permission to obtain a driver’s license, join the military, or get married. Physical placement (also known as visitation) refers to the time a child spends in each parent’s care.

If you are planning to get married, you are likely looking forward to a future of happiness and partnership with your spouse. However, you may also wish to make sure you are protected should your marriage ever come to an end. A prenuptial agreement can be beneficial, especially if you or your fiancée earn a high income or own a business or if one of you has children from a previous relationship. This type of agreement can provide peace of mind that your financial interests will be protected, and it can help you avoid conflict if you decide to get a divorce.

What Can Be Included in a Prenup

Under Wisconsin law, a prenuptial agreement is also known as a marital property agreement and can include the following:

By Max Stephenson and Ray Dall’Osto

A child in need of protection or services (CHIPS) action is brought under Chapter 48, Wis. Stats., when a child (person under age 18) is believed by the government to be in need of protection and/or services. Such cases are initiated, and juvenile court jurisdiction exists under section 48.13, over a child when the child is:

1. Without a parent or guardian;