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Protecting What Matters Most To Your Family

Rebecca Gonzalez

Compassionate Child Custody And Visitation Guidance

Family matters involving children can be emotionally challenging. At Crothers Law, S.C., we know how much stress and uncertainty you are experiencing. We are here to provide something on which you can rely. Our goal is to find solutions to difficult family law problems.

We are a child custody and visitation law firm serving families in Southeastern Wisconsin including the Milwaukee and Waukesha metro areas. Our attorney, Brittany Klaus Crothers, has over 17 years of experience focusing on family law, child custody law and other practice areas. If you are facing a custody dispute, we are here to advocate for your rights and your children’s best interests.

How Wisconsin Child Custody Works

Wisconsin law recognizes two main types of custody. These include:

  • Physical custody: Where the child lives. It determines the parent with whom the child resides.
  • Legal custody: The right to make major decisions regarding the child’s life. These decisions include education, health care and religious upbringing.

Here are a few common types of custody arrangements:

  • Joint physical custody: Both parents share physical custody of the child.
  • Sole physical custody: One parent has primary physical custody of the child.
  • Split custody: Each parent has physical custody of one or more children.

The type of custody granted affects your parental rights and responsibilities. A child custody attorney can help you understand the nuances of Wisconsin family law and how it applies to your specific situation.

What Factors Affect Child Custody Cases?

In Wisconsin, judges determine custody arrangements based on the best interests of the child. This standard considers a variety of factors, such as:

  • The child’s wishes, if the child is mature enough to express them.
  • Each parent’s ability to provide for the child’s needs.
  • The child’s relationship with each parent, siblings and other relatives.
  • Any history of domestic violence, substance abuse or mental illness.

Parents can negotiate a custody arrangement privately. If they cannot reach an agreement, the court will issue a decision. This legal process sometimes involves a trial. A child visitation lawyer can help you secure a custody arrangement that protects your children’s best interests.

The Role Of A Guardian Ad Litem (GAL) In A Contested Case

In many contested custody cases, the court may appoint a Guardian ad Litem (GAL) to represent the child’s best interests. The GAL is a neutral third-party attorney who investigates family circumstances to provide the court with objective recommendations. Their role is critical in making sure that decisions about custody and visitation prioritize the child’s well-being.

A GAL usually:

  • Investigates the home environment and family dynamics.
  • Interviews parents, children, teachers and other relevant parties.
  • Reviews school, medical and social service records.
  • Submits a written report with recommendations for custody, visitation or other issues.

GAL fees are usually paid by the parents, but the court can adjust the costs based on financial situations. Preparing for a GAL home visit is essential. Parents should maintain a safe and organized home, be cooperative and provide honest information about daily routines.

Custody Orders Modification Under Wisconsin Law

After a divorce is finalized, parents sometimes need to modify custody or visitation orders. Wisconsin law sets a high standard for modifications, particularly within the first two years. In this period, changes require proof that the child would face physical or emotional harm if the order remains unchanged.

After two years, courts use a more flexible substantial change in circumstances standard, considering factors such as relocation, changes in work schedules or the child’s evolving needs.

Some notable points about modifications include:

  • Evidence must show that the change benefits the child’s welfare.
  • Temporary changes can be requested while the petition is pending.
  • Courts consider each parent’s involvement and stability.

Navigating these legal requirements makes working with a Waukesha County family law lawyer necessary. 

Importance Of Temporary Orders And The Status Quo During Divorce

Divorce proceedings can take months or even a year in Waukesha County. During this time, the court can issue temporary orders to maintain stability for children and spouses. These orders cover custody, visitation, child support and use of marital property.

Establishing a favorable status quo early can influence the final outcome, helping ensure that children remain in a consistent environment and that financial arrangements are reasonable. Temporary orders often address:

  • Living arrangements and custody schedules.
  • Financial support obligations, including child support or alimony.
  • Restrictions or guidelines on property use or relocation.

Our experienced family law attorneys in Waukesha County can advocate for temporary arrangements that create a stable environment for children.  

Can I Relocate With My Child?

Relocation refers to when a parent wants to move a certain distance away, including out of the state. If you wish to move with your child, you typically need permission from the other parent. If the other parent does not consent, you must seek permission from the court. The court will again consider the best interests of the child when deciding whether to allow the relocation.

Get Child Custody Guidance You Can Rely On

At Crothers Law, S.C., we are committed to providing compassionate and effective legal representation during your custody case. To schedule a free consultation with a child custody attorney, please contact our office at 414-348-8302 or send us an email.