How Does Child Custody Work in Wisconsin?

Child Custody Laws in Wisconsin Magner

The child custody battle is one of the most stressful experiences for divorcing parents. But, knowing about the child custody laws can make the process easier and more predictable. However, if you are unfamiliar with the different types of child custody and how they work, you can rely on Milwaukee child custody attorneys for guidance. Also, you must go through this blog post to know the basic concepts of child custody in Wisconsin. Here we’ll share all you need to know to create the best parenting plan for your kids. So, let’s get started.

2 Types of Child Custody

Child custody is a legal term referring to the responsibility or guardianship of a child that the court awards to one of the parents following a divorce proceeding. It is also known as parental rights and responsibilities, or residential responsibility. Like many other states, there are two types of child custody in Wisconsin too –

  • Physical Custody – It is all about where your children live. Either you or the other parent of your kid can get the physical custody of the child, which is known as sole physical custody. In some cases, both parents can share the physical custody, which is known as joint physical custody.
  •  Legal Custody – It includes several things like decisions about children’s religious training, choice of school, medical treatment, and other activities. It can also be shared, which is joint legal custody, or not shared which is known as sole legal custody.

Factors that Judges Consider While Deciding the Child’s Best Interest

The principle of child custody cases is always ‘the best interest of the child’. Though there is no fixed definition of best interest here, we have listed a few factors that judges consider while deciding on child custody cases.

  • Wish of the both parents
  • The relationship and interaction of the child with parents, siblings, and any other person living with the parents like a relative.
  • Amount and quality of time each parent has spent with the child in the past.
  • Age, educational and developmental needs of the child at different ages.
  • The mental and physical health of a parent affects the well-being of the child.
  • Evidence for a parent engaged in child abuse or domestic violence.
  • The criminal record of a person who will reside in a parent’s house.

Importance of Establishing a Parenting Plan

A parenting plan addresses legal custody, primary physical placement of the child, child visitation, and issues related to the child in divorce cases. The child visitation attorneys in Milwaukee can help you in creating an effective parenting plan that outlines various aspects of parental rights and responsibilities after the divorce. When a parenting plan is signed by parents and filed with the court, it becomes a court order. It means the terms of the parenting plan are enforceable by law. A detailed and properly structured parenting plan helps deal with future disagreements. It limits your risk of future conflict and litigation.

Discuss Your Case with Attorneys at Magner & Hueneke

Usually, child custody cases are difficult for both parents and children. They are complicated, which results in a stressful situation. However, you should stand firm and strong to fight for your rights and the best interest of your child. The skilled and experienced attorneys at Magner & Hueneke can help you in child custody, child visitation, and post-judgment modification for child custody. We strive to help parents agree upon a custody or visitation schedule that works best for their situation. We have 50 years of legal expertise in the area of divorce, child custody, and other family law. Preserving the valuable parent-child relationship with the right parenting plan is our primary focus. So, contact us online to arrange an initial consultation now!

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How Can Social Media Affect Your Child Custody Case?

Social media has become an important part of human lives. Most people enjoy sharing their personal and professional lives on various social media platforms. But, parents involved in a child custody case should be very careful and mindful while using social media. You may be surprised to know that, according to the American Academy of Matrimonial Lawyers, 80% of child custody attorneys and child visitation lawyers use social media evidence in their cases.

Though it takes a few seconds to type and post something on Facebook, Instagram, or any other social media site, it could have a long-lasting impact on your child custody case. So, in this blog post, we’ll share the essential things you should know about the impact of social media on child custody cases. Let’s get started. 

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Social Media & Child Custody Case 

Your content on social media sites can be used as digital evidence against you. Here’s how social media posts can hurt you in a child custody case.

  • Spoiling the Evidence 

If you delete a post, it can be used as evidence against you. The spoliation of social media evidence may be considered a crime. So, it is better to be careful before posting and avoid deleting the posts. 

  • Child Custody and Placement Order 

A court will consider if your social media posts show your violent or irresponsible behavior. Child placement rights attorneys can use your social media posts to show that you are not doing what you were supposed to do in the order.

  • Keep Children Out of the Conflict 

Many children have their own social media account, and they can review the posts you and your spouse shared. If they find something negative or get to know about new things in an inappropriate time and manner, it may be problematic. So, try to keep the children out of the conflict in custody cases.  

Social Media Behaviors You Should Avoid 

Here’s how you should use social media during a child custody battle. 

  • One should never post negative comments, complaints, or statements about a spouse or child. 
  • Posts indicating a party lifestyle with the involvement of alcohol or drugs should be avoided.
  • If the divorce is not finalized, don’t say you are single on social media and avoid creating dating profiles. A person is advised not to use social media to post provocative pictures when a case is pending with child custody issues.
  • Avoid sharing the private information of your spouse, children, or the decisions made in court.
  • If you haven’t settled your divorce yet, don’t post your girlfriend/boyfriend pictures on social media.
  • When the division of assets is at issue, don’t post pictures or information about your luxury purchases.
  • Be careful of your children’s social media accounts, as they may also be monitored.
  • Most importantly, if possible, take a break from social media during the custody litigation and avoid using it entirely.

Find a Reliable Child Custody Attorney in Milwaukee |Magner & Hueneke

The average American spends 144 minutes a day on social media platforms. So, the impact of social media on child custody cases cannot be overlooked. Moreover, child custody cases are sensitive and challenging on an emotional level. So, it is important to find an attorney who can help you make the best decision in your child’s interest. Whether you need help regarding visitation, parenting plan, or placement rights, you can get in touch with the paternity law attorneys in Milwaukee. Magner & Hueneke’s expert and experienced lawyers are known for strong representation in such cases. Feel free to reach us for all your custody and paternity-related concerns!

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When is a GAL used in a custody agreement?

In a contentious divorce or separation action, the matter of custody and placement of minor children can often times be a source of disagreement. In these types of situations where parents cannot agree as to the custody and placement of their minor children, courts have ways of advocating for those children by using court-appointed attorneys to determine what is in the best interest of the minor children.  

A Guardian ad Litem, or GAL, is a term used to describe an attorney appointed by the court to look after the best interests of a ward; one who lacks the ability take care of themselves.  

According to Wis Stat. 767.407, a GAL is appointed when the court is concerned for the safety or welfare of the minor child(ren), or the custody or placement of the child(ren) is contested.  

The guardian ad litem acts as an advocate for the minor child(ren) with regard to paternity, legal custody, physical placement, and support. The guardian ad litem functions independently of the parents. He/she represents the minor child(ren), and considers, but is not bound by, the wishes of the minor child(ren) or the positions of others as to the best interests of the minor child(ren). 

The idea of the court appointing a GAL in a divorce matter may seem intrusive or unnecessary, but the advice of an experienced lawyer working on behalf of your child(ren), can help to lessen the stress of divorce and help you focus on the things you can do to give your case the greatest chance of success.  

Primary Caretaker Designation and Custody

Wisconsin parents who are considering a divorce should be aware of how a preference for the primary caretaker can affect custody arrangements. While joint physical custody is often seen as the ideal scenario, the preference is usually given to the child’s primary caretaker. The primary caretaker standard emphasizes the importance of the relationship between a child and the parent he or she spends the most time with.

Family courts determine which parent is the primary caretaker by using several factors, including who is responsible for bathing, dressing, meal preparation, making health care arrangements and other aspects of general care. The courts also consider which parent is responsible for helping the child with school work, attending school functions and planning leisure activities. Each of these factors contributes significantly to the parent-child bond the courts are interested in preserving for the well-being of the child.

When both parents have had an equal share in parenting responsibility, the courts use the “child’s best interest” standard to determine custody. This standard considers factors such as the child’s wishes and the physical and mental health of each parent. The courts also consider the stability of the home environment, interaction with extended family and how the custody arrangement would affect the child’s ability to adjust to social changes after the divorce.

A divorcing parent may benefit from contacting a family law attorney for advice on custody and visitation. An attorney may also be able to provide assistance with enforcing an existing custody order if the other parent is in violation of it. In many cases, legal assistance will be advisable if negotiations between parents has broken down.

Tumbling Marriage Rates in Wisconsin Raise Family Law Questions

The United State Census Bureau released its statistics on marriage this week. The numbers tell an interesting story. In the 1960s, more than 80 percent of American adults were married. By 2000, the number fell to 57 percent. The recent figure for 2009 is 52 percent nationwide and 53 percent for Wisconsin. In Milwaukee County, only 41 percent of adults were married as of 2009.

The reasons for the decline are unclear. Some would argue that it is a sign of deteriorating family values. Others point out that young adults are waiting longer to get married than previous generations. Still others maintain that women no longer see marriage as a requirement for economic reasons. While the cause for the drop in marriage rates is up for debate, the effects are fairly predictable when it comes to family law.

With fewer marriages there will be less formal arrangements between couples. Many couples are choosing to live together or cohabitate.  According to the Population Reference Bureau, the decline in marriage rates “has been accompanied by a rapid increase in the number of cohabitating couples.”

When cohabitating couples break up, they do not divorce. Divorce allows married couples to divide their property, arrange for alimony (maintenance), child custody, visitation and child support. But many cohabitating couples have children and this often raises the issue of paternity, child custody, and child support.

When unmarried couples who have children separate, these issues are often left hanging and they require a court order for final resolution. The process can be complex and confusing. It is important to be fully aware of your rights and responsibilities when it comes to your children.  An experienced family law attorney can help you understand your options, rights, and responsibilities.

Source: MilwaukeeNewsBuzz.com: Is Wisconsin losing its taste for wedlock?; Matt Hrodey, 9/30/2010

Evolution in the Law of Child Custody: Part One

The law and family law in particular has a tendency of moving and evolving at glacial pace. But, much like a glacier’s movement has major consequences to the landscape around it; movements in the law can have tremendously important effects on everything around it. There is now a movement in the law to broaden the concept of parenting, and who can be considered a parent.

Recently, Drake Bennet wrote an interesting article in the Boston Globe on the notion of child custody in non-traditional families. With 21st century technology in assisted reproduction and increased acceptance of same-sex couples, many families do not resemble the family that the legal system has in mind. Today, many children are brought up with parent-like relationships with three or more adults.

Our legal system recognizes that a child can be in the custody of one or two people, but no more than that. This presumption exists because a child cannot have more than two biological parents. However, families can often be structured differently, with more than two adults having a parent-like relationship with a child. The law is often slow to adjust to changes in society, and new family arrangements can often seem out of step with the way family law judges deal with child custody issues. Changes in the way the law deals with families and children may come slowly, but such changes have happened in the past and have had dramatic consequences.

In the next part of this article, we will go into more detail about how the law of parentage has evolved in the past and where it may be heading.

Source: Boston Globe (Boston.com): Johnny has two mommies – and four dads; Drake Bennett, 10/24/2010.

Evolution in the Law of Child Custody: Part Two

Some of biggest changes in family law over the last 200 years have dealt with children born to unmarried people. American family law is derived from English common law. According to Nancy Poikoff, a family-law professor at American University, children born out of wedlock before the 19th century had no parents under the law. Children born out of wedlock had very little rights and parents of such children owed very little responsibility to them. In the 19th century, the law changed and mothers were automatically assigned parentage of children. If she were unmarried, she would be considered the sole parent. If she were married, her husband would also be considered the legal father (whether he was the biological father or not.)

In the 20th century, we saw the distinction between legitimate and illegitimate children eroded. In the 1960s and 1970s, the United State Supreme Court struck down state laws that penalized children born out of wedlock.

We are now seeing some movement in the law towards recognizing more than two adults as parents of a child. We saw two such cases in 2007. In Canada, a country that also has its laws derived from English common law, the Ontario Court of Appeals divided parental rights between a sperm donor and both members of a lesbian couple. In Pennsylvania, a trial court similarly awarded custody to a sperm donor and a both members of a same sex couple.

Right now, we are on the front end of a trend in family law. Change is happening gradually, but could have major effects on the way courts deal with parental rights. Family relationships can be complex and the breakup of a family can be a traumatic experience. Parental rights and child custody issues tend to be complex, and the courts are still coming to grips as to how to deal with non-traditional families. If you have questions regarding child custody and parents’ rights issues, an experienced family law attorney can help you find answers.

Source: Boston Globe (Boston.com): Johnny has two mommies – and four dads; Drake Bennett, 10/24/2010.

Dwyane Wade Making Child Custody a Priority

Former Marquette All-American and current Miami Heat standout Dwyane Wade is gearing up for another run at the NBA championship. However, he is also fighting an even more important battle for his rights as a father. Wade and his former high school sweetheart have been involved in a lengthy divorce and child custody battle over their two sons, 8 and 3 years of age, that began in 2007.

Wade’s career, wealth and fame are proving to be a bit of a double-edged sword in his child custody fight. He is facing a great deal of pressure from the sports media and from his team to focus on basketball in Miami instead of focusing on a child custody fight in Chicago. Additionally, courts often wonder what sort of life a single father with a demanding career can provide for two young boys. However, his career gives him an advantage that many fathers do not have. With excellent financial resources, there can be no doubt about his ability to provide for his boys.

In October, when the rest of the NBA was in fulltime practice mode, Wade appeared in a Chicago court to answer many questions and state his case for custody of his children. He does not believe they will be safe with their mother, and he would like to be in control of exchanges of the children because his ex-wife has allegedly failed to bring his children to visitation in the past. “This is not just about the next 5 or 10 years of my career. This is about the next 40 or 50 years of my life,” Wade said.

Wade’s devotion to his children is commendable, and we hope the high-pressure sports media understands that his priorities are indeed correct. Children are an incredibly important aspect of a parent’s life and are absolutely worth the time and effort Dwyane Wade is making.

Source: ESPN.com: Wade making good choices off court; Michael Wallace, 10/20/2010

Holiday Child Custody tips for Divorced Parents

For divorced parents, the holidays can be a stressful experience. All too often, divorced parents cannot agree on who will get the kids and where they will spend the holidays. The arguments begin around Thanksgiving, peak at Christmas carry on through New Year’s Day.

This is not just hard on the parents. Holiday arguments can deeply affect children of divorce as well. For children of divorced parents, the childhood holiday memories many of us look back on fondly become filled with arguing and holiday stress. With holiday visitation around the corner, the Huffington Post’s Stacy Schneider wrote an interesting article featuring her tips to ease holiday custody fights. We would like to share of her tips and some additional tips with you.

Planning holiday visitation is incredibly important and is not something to be left until the last minute. This helps to avoid last minute arguments. When planning visitation, do so in detail. Include every detail you can think of, including pick up and drop off times and locations as well as who is spending what part of the holiday where. Putting a plan in writing can help resolve any miscommunication ahead of time.

It is not just important to plan and communicate with your ex-spouse, it is important to communicate with your children as well. Children can deal better with holiday stress when a plan is in place and they understand what is going on, so it is best to include them in your plans. Additionally, some children will feel guilty when leaving a parent behind on a holiday visit. Having a plan for what you will be doing while they are gone and communicating that plan to them will help to alleviate any guilt the children may be experiencing.

Sources: Huffington Post: Avoiding Holiday Custody Tug of Wars; Stacy Schneider, 11/10/2010

Evansville Courier & Press: Planning, new routines can ease holidays for children of divorce; Davi Stein, 11/30/2010

International Problems in Child Custody Disputes

All too often, one parent in a divorce refuses to accept a court’s child custody decision and takes matters into his or her own hands. With marriages between citizens of different countries becoming more common in the 21st century, the problem of international child abduction can present unique problems.

The most common scenario for international child abduction occurs when an American citizen marries a citizen of a foreign country and they have children together, but their marriage ends in divorce. When one of the parents takes the children to a foreign country in violation of a court order, an international child abduction has occurred.

The United States and more than 80 others nations have signed a treaty to prevent international child abduction, the Hague Convention on the Civil Aspects of International Child Abduction. International law requires countries that signed the Hague Convention to recognize and enforce the child custody orders of other countries that have signed the treaty.

However, many Asian countries have not signed the Hague Convention, including some of America’s closest allies in the region. According to the U.S. State Department, Japan and India account for more than 300 cases of international child abduction, involving more than 400 children.

Once a child has been abducted to a country that has not signed the Hague Convention, a parent who has been left behind has very few remedies. In fact, one American parent recently spent 18 days in a Japanese prison after a failed attempt to bring his children back home.

There has been progress in many Asian countries. South Korea and Singapore have recently announced they will sign the Hague Convention. However, Japan and India have shown little indication that they do likewise. In our next post, we will discuss the phenomenon of international child abduction in more detail and the efforts that are underway to reunite American parents with their children.

Source: The Washington Post, “Japan, India pressed to curb child abductions,” David Crary, 12/7/2010