Stillings & Buchinger, LLC

Wisconsin Divorce & Family Law Attorneys

Neenah - Menasha - Appleton - Fond du Lac - Eastern Wisconsin

Custody & Visitation

Legal Custody

The Initial Custody Order

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.

Many people assume the word "custody" refers to where the children live. It does not. Custody is the right of a parent to make decisions regarding non-emergency medical procedures, education and other welfare issues. Unless there is a good reason to deny one parent these rights (i.e., drug use, domestic violence, etc.), Wisconsin law assumes that custody will be jointly held.

If the parents cannot resolve custody issues, then the court may order the parents into Mediation.

For information about where the child resides, see Legal Placement.

Changes In Custody

Changes in legal custody must be approved by the Court or a court commissioner. Parents can agree to make changes in legal custody or legal (phsycial) placement and submit those changes for the Court's approval. In situations where the change is desired by only one parent, then the matter becomes more complex. Courts are reluctant to make changes to a child's living arrangements unless those changes are in the child's best interest.

As with all aspects of family law, no two families are alike, and the inferences of the law that resulted in a friend's outcome may not apply to your situation. If you have questions regarding custody of your children, it is always in your children's best interest for you to obtain qualified professional legal advice.

The Attorneys at Stillings & Buchinger offer free initial consultations. To arrange your consultation with one of the attorneys, please call the office or e-mail the attorney directly.