Menomonee Falls Child Custody Attorneys Provide Guidance and Advice
Child custody issues are never a straightforward matter. With an experienced Wisconsin child custody lawyer, these disputes can be less difficult and less painful for both parents and children. Every family situation is unique, which is why we believe it is important to spend time with our clients to discuss the issues which are behind child custody disputes.
The child custody attorneys at our Milwaukee area law firm can provide effective legal representation in matters concerning visitation for parents, grandparents and third parties, custody agreements, and modifications to previous custody agreements. We offer a free consultation to discuss your parental rights and learn more about how we approach child custody disputes and related family law matters. With more than 60 years of legal experience, our Menomonee Falls family lawyers have the resources and expertise to help you reach a positive resolution to your child custody claim.
Wisconsin Child Custody Disputes
Whenever children are involved in a legal dispute, it is important to handle the proceedings with care. We know even the most well-meaning parents can disagree about child custody and visitation issues. There are countless factors which can complicate a child custody agreement, including relocation of one parent, discipline issues, allegations of abuse and failure of one or both parents to comply with existing custody agreements. Our Wisconsin divorce attorneys have handled virtually every type of family dispute case and we are always prepared to deal with any situation that may arise during a child custody disagreement. We work closely with you to identify the resolution which will be in the best interests of your children. We then negotiate with your spouse and his or her attorney to reach a mutually beneficial agreement. If it becomes necessary to take the child custody proceedings to court, you can feel confident we will do whatever it takes to protect your parental rights.
Forms of Legal Custody
In Wisconsin, the term “legal custody” refers to the major decision-making powers of each parent. Legal custody may be joint, sole, or a combination of the two.
In the state of Wisconsin, joint legal custody is assumed by default to be in the best interest of the child. Joint legal custody allows both parents the right to participate in major decisions affecting the child.
With sole custody, only the parent with legal custody has the right to make major decisions affecting the child. In order for the court to grant sole custody:
Both parties agree on sole custody OR
- Parties do not agree on sole custody, but the Court finds that:
- A party is incapable of performing parental duties
- There are existing circumstances which would make joint custody difficult
- Parties will be unable to cooperate in future decision-making efforts.
Physical custody or placement refers to the time spent in each party’s care. During this time, the parent with physical custody has the right to make routine decisions about their child’s care (ex: bedtime, diet, and discipline). In general, the court orders a placement schedule which dictates the times a child will spend with each party.
Child Custody Placement Considerations
In a Wisconsin child custody dispute, the judge takes a variety of factors into consideration, including:
- The child’s relationship with each parent and siblings
- Changes in home, religion, and school
- Availability of child care services
- The mental and physical health of parent seeking custody
- The child’s wishes
- Suggestions from involved professionals (social workers, psychologists, etc)
If you are involved in a custody dispute or you would like to amend an existing custody or visitation agreement, we encourage you to speak with a child custody attorney at our Menomonee Falls office. As soon as you retain our services, we will start working to provide you with greater access to your children. Our Wisconsin child custody attorneys will provide compassionate and caring representation to find a solution to your child custody dispute which benefits both you and your children.