Legal custody and reaching a custody agreement

Parents in Wisconsin may have concerns and questions about child custody when separating or going through a divorce, and understanding what custody means can help when parents have issues regarding child support and decision-making abilities. Legal custody gives one or both parents the right to make major decisions about a child or children and is different from physical custody, which refers to time with each parent. Physical custody does not have to be equal, and a parent can make routine or daily decisions when having physical custody.

Parents are generally assumed to share joint legal custody after a divorce. If parents cannot agree about child custody or placement, a court may make a custody determination. Both parties must meet with a mediator at least once before asking the court to intervene. A guardian ad litem will be appointed to investigate the situation and represent a child’s best interests.

The guardian ad litem could take up to a year to investigate, and the guardian may help parents form a custody agreement that the guardian approves of. If there is no agreement, a hearing commences where a judge makes decisions after listening to evidence from the parents and guardian ad litem.

Child custody issues are important during a divorce. A court order can take time when parents cannot reach an agreement as the process might involve a custody study, guardian ad litem, social worker, mediator or child specialist. Since this process can be complicated, thorough and lengthy, the final decision is intended to last. This may make it especially important to consult with a family law attorney when needing an agreement modification, but an attorney may be able to assist with any part of the child custody process.

Source: wisbar.org, “Custody and Placement: Answering Your Legal Questions“, October 19, 2014