Your Child Custody Lawyer  In Appleton Can Help Answer Frequently Asked Child Custody Questions.

 Yes these can be difficult questions to resolve, but your Child Custody Lawyer In Appleton can give you the best advice for your situation.  We understand  you probably have many more questions, but this should get you started.

 

Who will get custody of the Child?

It is most common that both parents have joint custody. Pursuant to state statue it is assumed that joint custody is in the best interest of the child if both parents are fit and proper persons. Placement determines the right to have the child physically placed with that party. They make decisions regarding the daily care of the child consistent with the custody designation of the child. The Placement order designates where and with whom the child spends time. Normally, a parenting schedule is set that allows for regular recurring, meaningful periods of placement with each parent.

 

 What is the difference between joint and sole custody?

Under joint custody both parents share legal custody. Neither parties rights are superior both parties are to consult and come to an agreement regarding parenting issues. Sole legal custody is the condition under which one party has legal custody, or sole authority, to make decisions.

Who will get custody of the Child?

It is most common that both parents have joint custody. Pursuant to state statue it is assumed that joint custody is in the best interest of the child if both parents are fit and proper persons.  Placement determines the right to have the child physically placed with that party. They make decisions regarding the daily care of the child consistent with the custody designation of the child. The Placement order designates where and with whom the child spends time. Normally, a parenting schedule is set that allows for regular recurring, meaningful periods of placement with each parent.

 

 What is the difference between joint and sole custody?

Under joint custody both parents share legal custody. Neither parties rights are superior both parties are to consult and come to an agreement regarding parenting issues. Sole legal custody is the condition under which one party has legal custody, or sole authority, to make decisions.

 

How is Custody Decided?

Custody and Placement are determined either by agreement of the parties or an order by the court. The court will issue an order following either a hearing or trial. If the court is determining placement it will consider many factors some of which include:

The wishes of the parents. The wishes of the child through the Guardian ad Litem or other professional. The age, educational and developmental needs of the child. The amount of time the parent(s) have spent with the child in the past and how changes will affect the child in the future. How the child will adjust to any changes to school and community, etc.

Will one parent’s mental or physical health affect the child? Whether each party can reasonably support the other parent, or one party will interfere with the other parent’s relationship with the child. Is there any evidence of abuse by one party. Whether a party has any issues with drug or alcohol abuse.

What is best for the overall stability of the child.The availability of child care services. Any other factors that the court would consider relevant.

                                                                                                                       Child Custody Lawyer In Appleton

                                                                  A  Child Custody Lawyer In Appleton Can Help With Your Case

 

What If the Parents cannot reach an agreement?

If the parents do not agree on custody and placement the family court commissioner will most likely order the parties to mediation. He may issue temporary orders. If the mediation is not successful, the court will appoint a Guardian Ad Litem to represent the best interest of the child. The court could also order a custody study or further evaluations be performed for the courts review before making a decision.

 

What Is A Guardian ad Litem?

The Guardian ad Litem is typically a licensed attorney in the State of Wisconsin. They may be appointed by the family court commissioner or judge. In some instances, the county will have contracts with specific attorneys or there may be a list of attorneys who accept these appointments. It is their role to represent the best interests of the child. They may conduct interviews, hire experts, comment on proposed parenting plans, and participate in court proceedings. The judge usually decides who pays for the Guardian ad Litem.  Requirements may vary from county to county, but in general each parent is responsible for one half of their fees and costs.  If the parents cannot agree on custody or placement the court must appoint a Guardian ad Litem.

 

 What Is Included In A Parenting Plan? Do I Need One?

The parenting plan specifically states what you seek in the form of custody and placement from the court. It will detail your plans as to where you live or plan to live, your work schedule, where the child will go to school, the child care options you have, and how the child will communicate with the other parent. The parenting plan is required filed at the court 60 days after mediation-if not successful, or if the court has waived mediation within 60 days.

 

Can The Child Decide Who To Live With?

The child must be emancipated to decide on their own where they wish to live. This usually occurs when they turn 18 years of age or graduate from high school. The desires of the child are considered at any age, but they are communicated to the court through the child’s Guardian ad Litem. They will make a recommendation to the court on what they believe is the child’s best interest. It may be consistent with the child’s wishes or it may not.

 Can one parent deny visitation if Child Support Is not paid?

No. It is not a reason to deny another parent their placement time.

 

 This was just a small sample of the type of Child Custody questions that arise.  If you still have unanswered questions, a Child Custody Lawyer In Appleton can help.  We have some of the Best Child Custody Lawyers In Appleton that would be very willing to listen to your case.  We have many years of experience, and are very supportive. We are experts in all types of family law. From  Divorce, Child Custody, Child Support, Paternity, Mediations,  Child Custody Evaluations, Separations, Adoptions and much more. Get in touch to see how we can help.

                                               Call us for a Free Initial Consultation

   920-214-0045

 The information on this website is not, nor intended to be, legal advice. You should  always consult with an attorney in regards to legal advice for your own individual situation.

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