Navigating Sole Legal Custody in Wisconsin

What is Sole Legal Custody?

Sole legal custody, or full legal custody, is when the court grants one parent unilateral decision-making authority on important matters regarding their children. A parent holding sole custody is able to make decisions on schooling, religion and healthcare on behalf of the child without consulting the other parent.

How does the court determine if sole legal custody is appropriate?

To determine if sole legal custody is appropriate during divorce proceedings, the court conducts an analysis of whether the decision will be in the best interest of the child.

When should I pursue sole legal custody?

Sole legal custody could potentially be in the best interest of your child if you have concerns about their safety or well-being while in the presence of your former spouse, or if your former spouse does not intend on remaining in your child’s life.

At the beginning of divorce proceedings, Wisconsin courts presume 50/50 legal custody is in the best interest of your children. If your former spouse does want to remain in your child’s life, you will have to prove to the court that sole legal custody is in the best interest of your child.

If you are considering a request for sole custody, the experienced attorneys at Divergent Family are your best resource to determine the most strategic path forward.

What impacts court custody rulings?

While agreements reached between both parties in a divorce often have a strong impact and are often honored in custody decisions, the court ultimately has the final say on legal custody. If the court finds serious issues with one parent, such as a pattern of domestic violence, a judge may choose not to accept the agreement reached by the parties and make their own determination for legal custody.

If one party requests sole legal custody without an agreement by the other, the court will take a variety of factors into account.

The parties' capability of performing parental duties and responsibilities

Any conditions that would substantially interfere with joint legal custody

The parties’ inability to cooperate in future decision-making if joint legal custody was awarded

Reasons offered by a party objecting to joint legal custody

Evidence either party engaged in abuse

How does sole custody impact physical placement?

Though custody and physical placement are separate legal issues, the court commonly awards primary placement to the same parent who is awarded sole legal custody. There are, however, cases where physical placement is shared despite one parent having sole legal custody.

In instances where a parent without legal custody is found to pose a threat or danger to the child, they may be limited to supervised placement. Supervised visits are periods of placement time only occurring in the presence of a third party, such as a grandparent or social worker.

If the other parents is granted sole custody, what role do I have in decision-making for the child?

If you have periods of placement with the child, you will have decision-making power with respect to the day-to-day decisions made on behalf of the child during your placement time, as long as those decisions do not violate any existing court orders.

You will not, however, have any decision-making power with respect to major decisions made on behalf of the child such as decisions regarding school enrollment, religious upbringing, healthcare, therapy, obtaining a driver’s license, etc. If the other parent is willing to discuss, you may talk with the other parent about these decisions, but the parent with sole custody will ultimately have the final say.

Does a Father have custodial rights before paternity is established?

No, if paternity has not yet been established, the party who gave birth to the child has sole legal custody. If a couple is not married when the mother of the child gives birth, and the parents do not complete a voluntary acknowledgment, the mother has sole custody until paternity is legally established.

If you have questions about your paternity rights, a family law attorney from Divergent can help you establish what rights you currently have and how to establish paternity within the court system.