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 Child Custody & Visitation
When a petition is made upon the Court for dissolution of marriage, the Court typically enters a temporary Child Custody and Placement order, a temporary child support award, temporary assignment of debt responsibilities, temporary assignment of residency in the family home, if applicable, and an order preventing the parties from disposing of assets. The temporary court order customarily defines the temporary Legal Custody and the Physical Placement for the child or children. Legal Custody confers upon one or both parents the legal right and obligation to make major decisions regarding the child or children. Physical placement confers upon one or both parents the time and nature of their child or children's physical residence with that parent. Legal custody and physical placement may be joint or sole, based on the best interests of the child. Joint custody may be granted only if the parties agree. The court may not modify the initial custody decree for two years unless it is shown that current custodial conditions are physically or emotionally harmful to the child's best interests, or the custodial arrangement is "impractical." The two-year bar does not apply to relocation cases or where the parties agree to modify the original orders. Divorce is a matter that adults tend to forget in time, but rarely a matter that children forget for a lifetime. Wisconsin law, as well as most states whom have adopted the uniform child custody and support laws, should seek to maintain for the child or children that which is in their best welfare through the least amount of change and the closest ties with family. Whereas many states have adopted no-fault divorce, rarely would one find that child custody and placement issues are handled in the same no-fault manner, but that is not to say that a parent does not have to stand up and be heard. If you are considering divorce and you have a child or children, it is highly recommended that you seek legal advice. Whether you meet with Jerome, Brad, or Jessica, your first consultation is free. Don't trust your and your child’s future relationships to just anyone. 715-359-3188 or 1155 Grand Ave.
©2006-2007 Tlusty, Hittner, Kennedy & Freeburg, S.C. |
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