Tag Archive for: child custody dispute

Child custody see changes with more working moms

Judges in different states, including Wisconsin, have started to award fathers custody and spousal or child support because many dads have taken on stay-at-home roles as their wives have become primary breadwinners. With more mothers going into the workplace, fathers are often getting primary custody of their children in divorces. Changing roles in society have altered child custody trends. Sometimes a woman’s desire to be successful can mean that she spends more time outside her home than her husband, which can affect whether she receives physical custody of her children in a divorce.

In the past, women received custody of children because of traditional roles in society. Women often received primary custody of their children and homes while men had visitation rights. Judges have increasingly started to award fathers primary custody because their decisions have been based more on which parents can spend more time with children in a given day, especially when they are younger. When fathers don’t receive physical custody, judges are more prone to give dads 50 percent of the time with their children. Working moms and dads have a better chance of co-parenting if they initially work out parenting agreements together during divorces.

Working parents often work to develop parenting plans in the best interests of their children because going to court can be a lengthy and expensive process. Parenting plans help divorced couples or parents who aren’t together to come up with schedules and other decisions regarding their children.

Child custody agreements are often but not always a part of a divorce process. A child custody dispute between parents can often be emotional for the parents and children. Judges usually award joint custody or decide on a child custody order granting certain visitation rights to one parent and primary custody to the other. A family law attorney may be able to assist in ensuring fair child custody.

Source: Huffington Post, “Child Custody and the Working Mom“, Lisa Helfend Meyer, June 01, 2013

Child custody trends creating more single-dad homes

If Wisconsin men follow the national trend, more fathers than ever before are stepping up as single dads. Family law courts used to almost automatically award child custody to the mother. However, the percentage of households with minor children headed by single men rose from one percent to eight percent between 1960 and 2011, according to a recent study conducted by Pew Research Center. Translated into numbers of households, this shows fewer than 300,000 growing to more than 2.6 million.

Analysts credit the trend to the ever-rising U.S. divorce rate, as the percentage of single mothers heading households has also increased over that period, as well as the fact that fewer parents are marrying before children were born or even not getting married at all. Another factor in the growth of the single-dad household is that society no longer looks on a father raising children alone as unusual.

Reflecting this change in societal norms, more states are moving away from favoring the mother in custody disputes and toward shared parenting. In the past, legal custody was often shared by both parents, but physical custody was much more frequently given to the mother. Under this new paradigm, states including Minnesota, Iowa and Oregon favor a 50/50 split of physical custody. Whether a cause or an effect of the shared parenting trend, more dads are believing that they have important contributions to make as a part of their children’s lives.

In a child custody dispute, family courts will most often rule in the best interests of the child or children. However, each state may have its own definition of “best interests,” and judges will adjust their rulings according to the particulars of each case.

Source: The Atlantic, “The Rise of the Single Dad“, Caroline Kitchener, February 24, 2014

Let our firm guide you with your child custody issues

If you are facing a legal child custody issue, our lawyers might be able to find a reasonable and fair solution that may satisfy all parties involved while seeking to preserve the child’s best interests. At Magner, Hueneke & Borda, LLP, we may be able to help you work out the sensitive matter of legal custody issues while reducing your stress.

If the dispute remains unresolved, the matter may most likely end up in a civil court trial in which the court will appoint a guardian ad litem to represent the best interests of the children involved. The role of the guardian ad litem is to advise the court in the placement, custody and visitation for the children. Our firm may be able to provide a custody report that could possibly affect the court’s final resolution of your case.

Following the determination of child custody and physical placement of the children, our law firm may be able to assist you with understanding how child support payments are determined based on your particular set of circumstances. If for some reason you need to change the initial child support amount set by the courts, we could possibly work out a post-judgment modification for you.

Moreover, our firm has effectively helped individuals in arranging suitable parenting plans and visitation schedules that follow custody determinations. We understand the importance of the parents’ rights and work hard to maintain the valuable relationship each parent has with the child. We also might be able to provide answers to your paternity issues and visitation rights. Our page on child custody disputes may provide you with more information on how custody is resolved.

International child custody cases complex for government, parents

Wisconsin residents may have noticed several international child custody cases in the news lately, including one high-profile case involving a New Hampshire woman facing charges for illegally taking her 8-year-old daughter to Central America more than 10 years ago. These cases underscore the complex issues facing parents and governments when dealing with international custody fights.

According to the U.S. State Department, at least 8,000 American children were kidnapped and taken to another country by a parent between 2008 and 2013. Currently, the United States and 92 other countries have signed a treaty which was designed to protect children from international parental kidnapping and to facilitate their safe return to their native country. However, only 50 percent of American children who are abducted to a signatory country are ever returned to the U.S.

There are a few reasons for the low recovery numbers. One reason, which happened in the New Hampshire case, is that authorities cannot confirm the actual location of the abducted child. Another reason is that some governments that signed the treaty have been reluctant to push for its meaningful enactment in their countries. The logistics of traveling back and forth for court hearings can be financially difficult for parents as well.

In 2014, President Obama signed a law that attempts to prevent the international abduction of children by a parent. The legislation requires the State Department to issue an annual report naming each country that received an abducted U.S. child. The law also sets a time schedule of actions the government can take to ensure a child’s return to the United States.

Any parent who is faced with a child custody dispute may benefit by consulting with a family law attorney. Legal counsel could help negotiate parenting plans and visitation schedules that are in the best interests of the client’s child.

Source: ABC News, “Complex Challenges Posed in International Child Abductions,” Rik Stevens, May 10, 2015