Divorce Wisconsin Custody

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Divorce is considered to be highly stressful and painful experience in people's life. In spite of having complications, the divorcing partners should be aware of all state's laws and rights in order to have fair settlement of critical issues. Similarly, while getting divorce in Wisconsin, several crucial issues are needed to be resolved while undergoing the legal proceedings of your case. The parents in this state must bear in mind that the issues such as child support and child custody are completely independent of each other. If one parent refuses to keep the child along with her or him, then the other partner should not withhold the child support payments. Similarly, if one parent fails to disburse the child support, the other parent should not deny the physical placement. As a result, definite laws and rights are defined for settling the child custody in Wisconsin.

Factors Considered during the Settlement of Child Custody in Wisconsin

The child custody matter comprises of two major sections, the joint or sole custody granted to particular parent and the physical placement of the child. The 'Physical Placement' implies the duration of time each child must spend with the father and the mother separately. As per the statute of this state, the court must ponder over the following factors to determine the respective periods:

  • The personal choice or interest of the child regarding their stay with particular parent
  • If any parent had or has a problem of drug or alcohol abuse
  • Is there any proof that any or both the parents were involved in abuse
  • Whether either of two parents would unreasonably interfere in the strong bonding of the child with the other parent or not
  • Are private or public child care services available in the region
  • The physical and mental health of all the minor children, both the parents and other individuals who reside in the proposed custodial household
  • The adjustment demonstrated by the child in the community, religion, at school and in the house
  • The interrelationship and interaction of the child with the father, mother, any siblings as well as any other individual who might impact the best interests of the child
  • It is also crucial that the child must try to communicate with any counselor in order to discuss their personal interest regarding child custody plan and so. At times, the assistance of any apt professional during such sensitive issues can immensely contribute to your divorce
  • The desires of each parents and the ability to take responsibilities of the children involved in their case
  • As per each specific and unique case, which other topics are thought to be relevant by the court

Role of Other Professionals

It is observed that during most of the cases, both the partners reach the final agreement after mutual discussion on matters. However, in few of the cases, the divorcing partners do require the assistance of the third party in order to receive the appropriate guidelines about unresolved issues. Similarly, in states like Wisconsin, the court begins a child custody case by appointing a GAL (Guardian ad litem). This professional is a third lawyer in the case. Technically, these professionals play the role of a lawyer who aims to protect the best interests of the child. Practically, these professionals offer the judge an independent standpoint regarding which parent is suitable as the custodian.

A county social service agency is the other source of professionals involved in the custody case. It is their responsibility to do an analysis on child custody issue. It is frequently observed that the only route to struggle against an unfavorable or biased custody evaluation is to conduct a private custody evaluation. This entire evaluation process can greatly contribute for making a justifiable and fair decisions regarding child custody issue in this state. It is to be noted that this help is proven to be an expensive affair for the client. The expenditure varies from 2000 to 8000 USD (this number is true for the period 2005 to 2009).

Essential Points to be Noted

  • Let us assume that joint legal custody is not granted. Still, both the parents are usually permitted to view crucial records of the child, except in the case when any specific orders are given by the court. Such records are inclusive of school, dental and medical records
  • As per Wisconsin statutes Chapter 767.24, both the father and the mother are eligible for having some duration of physical placement of the child with them. During this period, the father or the mother are custodians of the child.

The divorce procedure regarding settlement of child custody issue in Wisconsin includes the consideration of various factors prior to finalizing the custodial parent of the child.

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