Stillings & Buchinger, LLC

CHILD CUSTODY

LEGAL CUSTODY - PHYSICAL PLACEMENT - VISITATION

Wisconsin law probably doesn't mean to be as confusing as it is with regard to custody issues, but custody of a child is one of the most important decisions made by a court or parents. Wisconsin law provides several terms, but two are very important for you to know if you have children.

For divorcing couples, there are several issues that have to be resolved if you have children. First, you must determine which parent has custody of the children or whether the custody is joint.

Legal custody

Legal custody refers to the right of a parent to make decisions regarding non-emergency medical procedures, education and other welfare issues. Unless there is good reason to deny one parent these rights, Wisconsin law assumes that custody will be jointly held.

The types of "good reasons" that a court will consider depend on many factors, but usually involve abuse (physical child abuse, domestic violence, or sexual abuse of a child), drugs, or child neglect.

legal placement - physical custody

Legal placement refers to the physical custody of a child and that child's actual residence. Legal placement is often referred to as physical custody or physical placement. It is sometimes referred to with terms such as placement and visitation. However, visitation is completely different.

Child Visitation

Child visitation refers to the time that a child spends with a person (i.e. to visit). A person who enjoys visitation rights with a child has no legal decision making power over that child nor the right to primary physical placement of that child. People who are awarded visitation are those who have had close connections and ties with the child, perhaps acted as a parent, or are related in some manner such as a grandparent.

Custody orders

When divorcing spouses with children conclude their divorce proceedings, a Wisconsin Circuit Court will enter a final judgment of divorce (a divorce decree) which will include the court's orders for the legal custody and physical placement of the spouses' child or children.

Custody orders in the final judgment of divorce will remain in effect for two years unless there are considerable changes in circumstances affecting the child.

Wisconsin divorce & family law attorneys

neenah :: menasha :: appleton :: oshkosh :: fond du lac :: dodgeville ::
green bay :: sheboygan :: manitowoc :: Berlin :: Wisconsin

Wisconsin divorce and family law lawyers, Attorney Gordon Stillings and Attorney Melody Buchinger represent parents in custody matters. For a free initial consultation, please contact the law offices of Stillings & Buchinger.