Tag Archive for: visitation rights

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

Wisconsin may look to shared parenting

The majority of divorces where children are involved end up with one parent having custody of the child and the other parent being given visitation rights, but a number of states are looking to change this. While changes are not expected to happen overnight, several states have either begun amending current legislation related to child custody or initiating studies to look into how shared parenting may affect children of divorce.

Proponents of changes believe that it is in a child’s best interest to be given equal access to parents in most divorces, except in cases of abuse or drug or alcohol related issues. Those who disagree say that it should be up to a judge to determine what is in the child’s best interest on a case-by-case basis.

A variety of reasons explain this shift in thinking, including changing gender roles, positive polling and engaged parents who have been denied what they feel is appropriate time with their children. While the majority of parents who end up with full custody are women, men are increasingly assuming the role of caretaker in families, and some men are now actively pursuing custody. Additionally, lawmakers are more willing to consider these changes because polling shows that most Americans think that children do best when raised by both parents.

Custody battles can be complicated enough without changes to laws or the way that judges decide cases. A divorce lawyer may be able to explain to individuals how current laws work and what is involved in determining custody and visitation. Additionally, a lawyer may also be able to help someone arrange for changes in their current custody or visitation arrangement to allow them to spend more time with their children.

Source: USA Today, “Shared parenting could be new divorce outcome“, Jonathan Ellis, January 27, 2014

Child brought back to Wisconsin in child custody dispute

A 23-year-old woman was given three years of probation for reportedly taking her child to California in violation of the father’s visitation rights. According to the child’s father, he had missed 20 scheduled visits with his child due to the fact that the mother could not be found. The father also stated that he believed the mother had taken their 4-year-old son to Mexico at some point. If she successfully completes the probation, she could have the charge expunged from her record.

The mother claimed that the boy’s father was welcome to join the two in California and that the issue was a misunderstanding due to a lack of communication between the two. In issuing his ruling, the judge in the case said that the pair needed to make raising the child a priority and that they needed to figure out a way to effectively co-parent the child.

The father of the child filed a criminal complaint in September 2011 after he could not locate the child or his mother. He also claims that since an arrest warrant only called for the mother to be taken back to Wisconsin from California, he had to drive there to pick up his son. According to reports, the child is currently living with his father in Wisconsin.

When both parents have custody rights to a child, neither parent can take the child away without the consent of the other parent. In extreme cases, a parent may ask a judge to alter the custody arrangement if it is in the best interest of the child. Parents who are concerned about their child custody rights being preserved may wish to speak to a family law attorney to ensure they are able to stay in their child’s life.

Source: Beaver Dam Daily Citizen, “Judge: custody case a ‘mess’“, Ben Rueter, June 09, 2014

Third party visitation in Wisconsin

Wisconsin law allows third parties who are not a child’s biological parents to seek and obtain visitation rights in certain cases. Eligible parties include the child’s grandparents, stepparents or other people who have established a parent-like relationship with the child.

Some people who have these relationships to a child are normally not eligible to receive visitation rights, however. People who have been convicted of first or second-degree murder of the child’s parents are unable to be granted visitation unless they are able to prove by clear and convincing evidence that such visitation would be in the child’s best interests. The court considers the preference of the child in those cases.

Grandparents may be granted visitation in cases in which the child’s parents were never married to each other, if the child’s paternity has been established and the grandparents are the father’s parents and in cases in which the child has not been adopted. Additionally, the grandparents must have maintained a relationship with the child or has attempted to continue to maintain one but has been prevented from doing so by the parent with legal custody. Finally, the court must find that the grandparent visitation would be in the best interests of the child.

Third parties, including grandparents, are able to seek and obtain visitation rights in some cases in Wisconsin. When a grandparent, stepparent or other third party has previously established a close relationship to a child and the custodial parent will not allow them to see the child, they may wish to petition the court who issued the custody order for visitation rights. People in that situation may benefit by meeting with a family law attorney who may be able to help them prove to the court that visitation is in the best interests of the child.

Source: Wisconsin State Legislature, “767.43  Visitation rights of certain persons.“, October 30, 2014

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

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.