Tag Archive for: joint custody

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 laws in Wisconsin

A parent who wishes to gain custody of a child in Wisconsin must follow the laws that are set forth by the state. These laws also apply to grandparents and other family members who want to try to gain custody of a child. If these laws are not followed, then the child could be placed with another family member or placed in a foster home if there are no other family members willing to take the child.

In regards to child custody, one parent must prove that he or she is a better fit for the child than the other. A judge will often look at what is in the best interest of the child as well as what each parent wants. However, just because a parent wants to keep the child on a full-time basis does not mean that it will happen. The judge will look at the relationships that the child has with all family members and siblings. Other aspects include how long the child has been at his or her school and how well the child fits in with the community.

There are a few things to keep in mind with child custody in Wisconsin. The judge could allow joint custody where both parents share time spent with the child. If there is more than one child in the relationship, the judge can split the children between two homes. Most judges will look to keep siblings together, especially those who are younger.

Parents who do not have custody can speak with an attorney about visitation rights. There can be a visitation schedule set for every weekend, once a month or on a supervised basis. Some children will spend weeks at a time with one parent and other weeks with the other parent. A lawyer may help an individual to present their case and try to gain the best custody agreement for them.

Source: Wisconsin State Legislature, “767.41  Custody and physical placement.“, November 11, 2014