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Child Custody Issues that Must Be Addressed During Divorce

Posted on in Divorce

Milwaukee WI divorce child custody attorneyThere are numerous child custody concerns that need to be addressed as part of divorce proceedings. The resolution of these issues can have a huge influence on your children for years to come, so it is important to understand what a typical child custody proceeding entails.

Types of Custody

In Wisconsin, there are two types of custody, and both types must be negotiated or litigated during a divorce case. The first type is called legal custody, which refers to the right of a parent to decide major life decisions for their child. These determinations include where a child will go to school and attend church, as well as decisions about medical care issues. In many cases, a court will allow both parents to have a say in these decisions.

The second type of custody in Wisconsin is physical placement, which refers to where a child lives. This type of custody could be sole or joint. Even if one parent has sole custody, the other parent may have visitation rights as well as legal custody rights.

How a Court Decides Custody Questions

The decision regarding both types of custody will be centered on the question of what is in the best interests of the child. There are multiple factors that Wisconsin law sets forth in resolving this inquiry.

One factor is the child’s wishes. However, a court can issue a ruling contrary to the child’s wishes if it determines that such wishes are not within the child’s best interests. Among other considerations, the court will also look into the parents’ wishes, the child’s relationship with each parent, and how likely the parents are to cooperate and communicate with each other.

It should be noted that if the parents can agree on how custody should be handled, this agreement can be put in writing and given to the court. Typically, the court will agree to the plan so long as it is in the child’s best interest. 

Contact a Milwaukee Child Custody Lawyer

Child custody matters affect the entire family. They impact parents’ and children’s day-to-day lives and family members’ relationships for years to come. It is of paramount importance that child custody issues be fully investigated and that a workable parenting plan be formed.

The family law attorneys at Gimbel, Reilly, Guerin & Brown, LLP have a complete understanding of applicable Wisconsin laws as well as the experience to know what plans will be practical for your family. To learn more about your case and what our firm can do for you, call our skilled Milwaukee, WI child custody attorneys at 414-271-1440. We offer free consultations in family law cases.

Sources: 

https://www.wisbar.org/forPublic/INeedInformation/Pages/Child-Support-Residential-Custody-Placement.aspx

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