Divorce can be a traumatic experience for everyone involved, but especially for children. When a divorce goes to trial, the discussion of who gets custody of a child is probably the most fiercely contested issue.
Spouses who are going through divorce proceedings often have many questions for their legal team. To win a divorce case involving child custody in Waukesha County, having a lawyer who brings a child centered approach to custody disputes makes all the difference. In this blog post, we wanted to break down our approach a little bit, and share our answers to some common questions pertaining to Wisconsin child custody matters.
Who gets custody of a child and how is that determined?
At John T. Fields & Associates, our approach to custody disputes is informed by our decades of experience practicing law here in Wisconsin. In Waukesha County child custody disputes, courts use several different criteria. These criteria are instituted by the state of Wisconsin.
All courts in Wisconsin decide who gets custody of a child based on what is in the best interests of the child. The question of best interest is seldom black and white, so having the right family law attorney who can strengthen your position in a court case is vital.
Typically, most courts determine best interest based on a child’s relationship with each parent, the vitality of the community where each parent lives, and especially the mental and physical health of everyone involved.
While many other decisions made in a divorce trial are final, modifying child custody in Wisconsin is possible, if there is a significant change in circumstances. Child custody can be changed if, for example, one parent relocates or if a child fails to adjust properly to a particular home environment.
Sometimes, requesting a child custody evaluation is the right move when it comes to winning a custody battle.
What is a custody evaluation?
Certain counties in the state of Wisconsin require the court to order all child custody evaluations. In others, a lawyer can request a custody study by moving the court to order it. The lawyer making the request will also need to convince the opposing side in the case to comply with the evaluation. This is where a child centered approach to family law really comes into play, as custody evaluations often benefit children immensely.
A knowledgeable attorney will also help a client understand what child custody evaluators are looking for. Child custody evaluators are psychologists who are trained to interview both parents in a custody dispute, as well as other relatives, when appropriate. Ultimately, they want to see how a child interacts with each parent and how both parties respond to the child’s needs.
How do I fight for custody?
Child custody battles can be long and emotional. When determining how to fight for custody, choose an attorney who will listen to your situation and understand your needs, as well as those of your children. Our approach to the law has given a voice to numerous parents in Waukesha County who needed a judge to consider the special relationship they have with their child.
Whether it’s helping to choose the right psychologist for a custody evaluation, or helping our clients understand how child custody is determined, we have the experience in Wisconsin family law to help you win your child custody case.
Do you have a question about something you read above? Contact us by filling out our online form!