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1.
Child Custody: The court will look at the custody, visitation, and child support agreements of
your divorce agreement, if there is one, but will rule based upon what is best for the child or
children.
your divorce agreement, if there is one, but will rule based upon what is best for the child or
children.
a.
Shared Custody: this is where both parties are given legal right to make major custodial
child-rearing decisions, such as education, medical treatment, etc.
child-rearing decisions, such as education, medical treatment, etc.
b.
Sole Custody: this is where only one parent is given the right to make major child-rearing
decisions. However, generally, the parent who is caring for the child at a particular time
will make basic day-to-day decisions.
decisions. However, generally, the parent who is caring for the child at a particular time
will make basic day-to-day decisions.
2.
Child Placement: The court will look at the custody, visitation, and child support agreements
of your divorce agreement, if there is one, but will rule based upon what is best for the child or
children here too.
of your divorce agreement, if there is one, but will rule based upon what is best for the child or
children here too.
a.
Shared Placement: this is where both parties are given period of placement, which is
where the child or children will spend time with each parent, i.e., overnight stays, etc.
where the child or children will spend time with each parent, i.e., overnight stays, etc.
b.
Sole Placement: this is where only one parent is given the right to have the child or
children stay with that parent. The other parent may not have placement of the child for
over-nights or extended periods of time. However, generally, that parent is given the right
of visitation with the child or children, sometimes it is restricted to supervised visitation,
depending on the concerns of the court.
children stay with that parent. The other parent may not have placement of the child for
over-nights or extended periods of time. However, generally, that parent is given the right
of visitation with the child or children, sometimes it is restricted to supervised visitation,
depending on the concerns of the court.
b.
Factor for Consideration: Some of the factors the court considers are:
i.
The custody and placement wishes of the child’s parents,
ii.
The custody and placement wishes of the child, which may be communicated by
the child or through the child's guardian ad litem or other professional,
the child or through the child's guardian ad litem or other professional,
iii.
The interaction and interrelationship of the child with his or her parents,
iv.
The child’s adjustment to the home,
v.
The needs of the child, etc.
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disorderly conduct, white collar crime or are in need of a divorce lawyer or attorney to help represent you in a custody hearing, child support hearing or personal
injury or car accident case, then call your attorneys at Pitsch Law Offices, LLC.
greater Fox River Valley and Northeastern Wisconsin areas, including Appleton, Green Bay, Oshkosh, Fond du Lac, Menasha, Neenah, Combined Locks, Darboy,
Hortonville, Greenville, Kimberly, Little Chute, Grand Chute, Allouez, Larson, Winneconne, Kaukauna, Wrightstown, De Pere, Ashwaubenon, Bellevue, Chilton,
Manitowoc, Sheboygan, Plymouth, Two Rivers, Outagamie County, Winnebago, Brown County, Fond du Lac County, Sheboygan County, Waupaca County,
Manitowoc County, Kewaunee County, Green Lake County and surrounding areas. If you are in need of a local attorney with extensive experience in legal
representation, whether it be in Brown County, Fond du Lac County or the greater Fox Valley, if you have been arrested for a DUI, OWI, drug case, domestic abuse,
disorderly conduct, white collar crime or are in need of a divorce lawyer or attorney to help represent you in a custody hearing, child support hearing or personal
injury or car accident case, then call your attorneys at Pitsch Law Offices, LLC.
| The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation |
3.
Initial Order from the Court:
b.
There are several custody and placement issues to be resolved if you have children. First,
it must be determine which parent has custody of the children or whether the custody is
joint. Unless there is a good reason to deny one parent these custody rights (i.e., domestic
violence, drug addiction, etc.), Wisconsin law assumes that custody will be joint.
it must be determine which parent has custody of the children or whether the custody is
joint. Unless there is a good reason to deny one parent these custody rights (i.e., domestic
violence, drug addiction, etc.), Wisconsin law assumes that custody will be joint.
Along with determining custody the court will decide placement. If placement is not
shared, then the court will determine placement of "primary residence" of the child(ren).
In most instances, a child has a "primary residence," even if the child visits the other
parent for an extended period of time. Usually, primary placement is made to the parent
who performed the majority of the parenting duties during the marriage, but not always.
shared, then the court will determine placement of "primary residence" of the child(ren).
In most instances, a child has a "primary residence," even if the child visits the other
parent for an extended period of time. Usually, primary placement is made to the parent
who performed the majority of the parenting duties during the marriage, but not always.
b.
c.
Stipulated Custody or Placement.
When parties agree on custody and placement, then the court, attorneys or GAL will
have them prepare a parenting plan. The court will approve the plan for custody and
placement and it will take effect and each party will need to follow the plan, unless
changed by agreement or the judge.
have them prepare a parenting plan. The court will approve the plan for custody and
placement and it will take effect and each party will need to follow the plan, unless
changed by agreement or the judge.
i.
ii.
Generally, the court will also then a child support order will be entered that the
director of the child support agency will be directed to collect child support.
director of the child support agency will be directed to collect child support.
c.
Disputed Custody or Placement.
i.
When parties disagree on custody or placement, then the court, order the parties to
participate in mediation. If the parties still are unable to come to an agreement on
custody or placement and an impasse results, then the court will generally order a
custody study to determine what is in the best interest of the child(ren).
participate in mediation. If the parties still are unable to come to an agreement on
custody or placement and an impasse results, then the court will generally order a
custody study to determine what is in the best interest of the child(ren).