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Bucher Law Group, LLC

How Is Child Custody Determined in a Wisconsin Divorce?

Posted on in Divorce/Family Law

Jefferson County divorce attorneyChild-related issues are perhaps the most difficult aspects of a divorce. When you have a child, you must take into consideration how your divorce proceedings and the decisions about issues such as property division and spousal support will affect his or her life as well as yours. It can be difficult to balance your own needs with your child’s best interests when making decisions about various issues. Child custody can be a contentious topic in a divorce, which is why the state of Wisconsin has set forth specific guidelines for settling these types of issues.

Mediation Requirements

Like many other states across the country, Wisconsin believes that a judge making a decision about child custody should be a last resort. If you and your spouse are having a hard time agreeing on child custody issues, you both will be ordered to attend at least one mediation session to help you reach a decision. If you and your spouse use mediation to your advantage and come to a mutual decision on legal and physical custody, your agreement will be written up by the mediator, reviewed by your attorney, and given to the judge in your final custody proceeding.

Determining Physical Placement

If mediation is not appropriate for your situation, or if you and your spouse have been unable to come to an agreement, the court will appoint a guardian ad litem for your child to represent his or her best interests. You will then attend a hearing for a judge to allocate physical placement. The judge will create a schedule that allows the child to spend time with both parents, unless it is found to be harmful to the child for both parents to have visitation.

When making decisions concerning the child’s physical placement, the judge will consider a variety of points, including:

  • The desires of everyone involved, including the child

  • The interaction and quality of the relationship between the child and his or her parents, siblings, or any other household members

  • The child’s adjustment to his or her school, home, and community

  • The need for placement with each parent for the child to experience a sense of stability and predictability

  • The level of cooperation between the parents

Contact a Jefferson County Child Custody Lawyer 

Going through a divorce will probably be one of the most stressful situations of your life. If you have a child, that stress is often compounded, especially if you and your ex-spouse have different ideas of how child custody should be addressed. At the Bucher Law Group, LLC, we can help you through this difficult time in your life by providing you with skilled legal guidance. Our knowledgeable Milwaukee County divorce attorneys can help you understand your options and the best decisions for your situation. To schedule a free consultation, call our office today at 262-303-4916.



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