Madison's Best Child Custody Attorneys
Child custody is a very difficult part of divorces. Legal custody and physical custody are the two main factors in child custody cases. Legal custody is the right given to parents to make important decisions about their child. Physical custody refers to the right and duty to provide housing and care for the child. Physical custody is referred to as “placement” under Wisconsin Law. Primary placement is defined by one parent having physical placement of their child more than 75% of the days in a year. The two most common types of custody agreements are joint custody and sole legal custody. Divergent Family Law will protect your parental rights in any custody dispute.
At Divergent Family Law, there are no hidden fees, we're upfront about the cost of our legal services. We offer flat fee rates so there's no excess worry in an already stressful situation. Get a free initial consultation to find your real quote on Madison's top child custody lawyer service.
Madison Child Custody & Placement Laws
Courts in Wisconsin begin divorce cases with the presumption 50/50 legal custody between parents is equitable, fair and in the child’s best interests. For a parent to get sole legal custody, they must prove to the court sole custody is better for the child. 50/50 physical custody is most common, while primary placement with one parent more than 50% of the time is awarded more often than sole legal custody.
Joint Legal
Custody
Joint custody means both parents share legal custody, and neither party has more power unless specified otherwise in the final order. 50-50 placement is the typical joint custody arrangement. Wisconsin law has a preference towards joint custody. In this case, both parties need to work together to make important decisions for their child(ren). These important decisions include, but are not limited to, schooling, religion, marriage as a minor, and joining the military as a minor.
Sole Legal
Custody
Sole custody is a much harder verdict to receive in court. Wisconsin law prefers to maintain joint custody in the best interest of the child. Receiving sole custody is possible if the other parent is deemed unfit or if both parents cannot agree on major life decisions about their children. In the case of the parents being unmarried when the child is born, it is initially assumed the mother has sole custody. The party without custody may be required to pay child support and may be granted visitation rights. Once a paternity action has been established, the custody may change. Different Father's rights may apply to unmarried fathers and divorced fathers.
Mediation for Child
placement & custody
Mediation is useful when parents need help reaching a joint decision. To avoid the courthouse, our family attorneys can mediate a compromise of both parties. If no decision is reached, the court may appoint a Guardian ad Litem to represent the best interest of the children while the case is pending.
Post-Judgement Child Custody & Placement Modification in Madison
Situations change for a variety of reasons after the initial verdict. Living locations change. Children attend different schools. Wisconsin divorce law provides modified placement schedules under certain circumstances. To make any placement arrangement the most positive it can be for your child, we encourage exploring our co-parenting resources.
File for divorce in Madison
262-527-4411
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