Wauwatosa divorce: Discussing child custody and child support

Divorces are often hard on everyone involved, especially the kids. Before you file for divorce in Wauwatosa, you must consider whether you can discuss child custody and child support with your spouse. Because the entire situation can be challenging for your children, you need to focus on their best interests and ensure their welling & care is not compromised. Consult a Wauwatosa divorce attorney to understand how to deal with your unique circumstances. Here is an overview of how things usually pan out for couples in Wisconsin with regard to child custody.

Child Custody in Wauwatosa

There are two types of custody in Wauwatosa, namely physical placement and legal custody. Physical custody denotes the actual residence of the child. Courts in the state usually try to ensure that both parents get equal rights to parenting. Since a lot also depends on the circumstances, the judge may give sole legal and physical custody of the child to one parent. Reasons could include that the other parent has a history of abuse and neglect or has been a habitual user of substances.  

Other critical aspects

Legal custody refers to the rights of parents to make critical decisions for their children. From simple things like the school that the child will attend to medical care, everything is a matter of legal custody. The parent who gets the physical placement will live with the child, and the other parent will usually have visitation rights. The court will consider the history and overall involvement of both spouses before deciding on a parenting schedule. If there is a battle related to child custody and mediation doesn’t work, the judge will assign a “guardian ad litem”, who is a family attorney, and determine what may work best for the child based on their observations. The guardian ad litem will make recommendations to the kid.

Child Support in Wauwatosa

Depending on the physical placement, the court will decide who pays for child support post-divorce. If both parties share physical placement, the court will determine where the child spends more time or nights. There is a formula all courts in Wisconsin use to determine the contribution to child support in cases involving sole physical placement. For instance, if the couple has one child, the other spouse will pay 17% of the gross income for child support.

Talk to your family lawyer to know how you can do best for your kids.