Elm Grove Child Custody Attorney
It is not only the couple whose lives are changed forever during a divorce; their children would also find their lives changed forever once the divorce is finalized. Not only will they no longer live with their parents under one roof, but there is also a question regarding which parent will become their guardian. The courts understand the importance of addressing this issue promptly because, without a suitable arrangement in place, these children may struggle to adapt to their lives after the divorce.
If you are a parent undergoing a divorce and need legal support to establish the ideal child custody arrangement for your children, don’t hesitate to contact Davis and Associates Attorneys at Law. One of our Elm Grove child custody attorneys will review your case and work with you and your ex-spouse to establish a custody arrangement that will allow both of you to play a key role in your child’s life, regardless of who has custody.
Our attorneys can also assist you in contesting a custody arrangement and modifying it if your child’s best interests are not being met due to their changing needs.
Call Davis and Associates Attorneys at Law at (414) 422-8416 for Your Free Consultation with our Elm Grove Child Custody Attorney.
Child Custody in Wisconsin
In Wisconsin, child custody laws are similar to those in other states, but specific differences exist.
Legal custody in the state is defined as the rights and responsibilities of either parent when it comes to making key decisions for their child’s well-being. Critical decisions include regular health care, religion, education, and more. Courts can order joint or sole legal custody depending on the case, but the extent of the parents’ rights can be identified by either the parents or the courts. For example, if the court orders joint legal custody, a parent can request sole legal custody on a key subject, such as their child’s education or religion.
Meanwhile, the decision regarding physical placement, or where the child will stay after the divorce, is unique in the state. Physical placement is divided into two parts: joint and sole custody. The parent without custody or not residing with the child will be given visitation rights. What makes Wisconsin unique is that parents have the right to make routine decisions regardless of who currently has physical custody of the child. The state hopes that physical placement arrangements will allow children to spend ample time with both parents while maximizing the time spent.
Davis and Associates Attorneys at Law’s legal team can help you explore the state’s definition of child custody and plan an ideal arrangement to suit your child’s best interests. We can also explain how the courts will handle your case.
Determining Child Custody
Courts in Elm Grove, WI use various factors to determine the best custody and physical placement arrangements for each case, based on the child’s ‘best interests.’ Some of these factors include the parents’ wishes, their relationship with the child, the child’s age, the relationship between both parents and even the child’s wishes.
The courts also do not prefer one parent over the other based on their gender or background when determining custody and physical placement. If there is a parent with a history of abuse or addiction, a third party may be asked to monitor the arrangements.
Although we cannot guarantee your ideal outcome, our Elm Grove, WI family law firm will do its best to fight for a custody arrangement in your child’s best interests that you and your ex-spouse can follow. Our legal team can also negotiate on your behalf if you wish to adjust certain aspects of custody or physical placement and resolve any issues that may arise during the discussions.
Custody Modification and Enforcement
Your Elm Grove, WI family court can modify a custody or physical placement order, but parents must meet certain conditions before it can be considered.
If the modification request is made within two years after the final arrangement order is issued, parents seeking modification should show substantial evidence that the current arrangement no longer supports their child’s best interests. If it is beyond two years, there should be a clear change in the parent or the child’s circumstances, which warrants the modification. The court may also opt for a modification if one parent fails to follow their end of the arrangement or if they present a danger to the child and the other parent.
In cases where one party violates the order by denying the other party access to their children or involvement in decision-making, the affected party has the right to petition the court for intervention. The court has the authority to adjust custody and physical placement arrangements in favor of the aggrieved party while holding the violator in contempt. Depending on the severity of the violation, the violator may face significant penalties.
Our Elm Grove child custody attorney can help you file for a modification request or petition for court action, depending on your case. We will assist you with the documentation and evidence needed for the court to take action and monitor the enforcement or modification proceedings so you know what legal steps to take if there are any issues.
Free Consultation Today
When navigating through a divorce, it’s essential not to overlook the significant impact it will have on your children’s lives. As parents, it’s crucial to reassure them that despite the changes, both you and your ex-spouse will continue to be there for them, providing the love and support they need in this new chapter of their lives.
Let our experienced Elm Grove child custody attorneys help you achieve this goal. We’re dedicated to fighting for a custody arrangement that will comfort your children, assuring them that their parents will remain pillars of support even after the divorce is finalized.
Call Davis and Associates Attorneys at Law at (414) 422-8416 for Your Free Consultation with our Elm Grove Child Custody Attorney.