Milwaukee and Waukesha Child Custody Attorneys
In Wisconsin, the term "legal custody" does not refer to where the children live, but rather to the allocation of decision-making authority between the parties with respect to major decisions. Conversely, the term "physical placement" is used to refer to where the children are to live, and the term "periods of physical placement" refers to the time the children are placed with a particular parent or custodian.
If the parties cannot reach an agreement as to the custody or physical placement for the children, the court may have to decide the issue after a trial. The children’s best interests are represented at the trial by a court-appointed attorney, known as a guardian ad litem. A custody study may be prepared for the benefit of the court and can play a significant role in the guardian ad litem's recommendation to the court, as well as the court's decision.
Once orders establishing legal custody and physical placement have been entered, they can be very difficult to modify. This amplifies the importance of having custody and placement matters handled correctly from the beginning. Our attorneys understand that a child custody dispute can be extremely difficult and will strive to achieve our clients’ goals while making sure that the children’s best interests are always in the forefront.
How does custody and physical placement affect child support?
Child support payment amounts are calculated by taking a percentage, established by statutory guidelines of the non-custodial parent’s gross monthly income. In instances where the parties share physical placement of the children, other factors, such as the parties’ gross incomes and the number annual overnights, are used to calculate the child support obligation. Child support can be modified after the initial order, provided there is a substantial material change in circumstances.
If you have questions regarding child custody, physical placement, or any other aspect of the divorce process, a lawyer from our firm can help. Call 414-281-4529 to arrange your free consultation, or fill out a contact form and someone from our firm will be in touch with you promptly.
>> State Bar of Wisconsin: Answering your questions about custody and placement pamphlet
