How Does Divorce Work With A Child?

So, it’s official. The divorce papers have been filed. Now you have to wonder about how child custody during divorce proceedings work. What ever the reason for divorcing Wisconsin is considered a no fault divorce state, which means it does not matter what the other parent has done each parent has equal rights. It is important to remember that even though your marriage has ended, your role as a parent has not.

How each parent handles the decisions made for legal custody and placement will greatly impact how the child is impacted. You may both love your children and want the best for them but this will affect how they cope with the separation and their emotional well being throughout the divorce process. You may have many questions. What is legal custody? What is physical placement? How are support payments determined?

Overall, the court needs to make decisions  about who will make major decisions about the child and periods of physical placement with each parent. All parents have the right to know about their child’s medical and dental records and the school information. The only time a court will deny this right is if the parent does not have any visitation or placement time with the child.  Click here for some Wisconsin Divorce Facts.

How Does Divorce Work With A Child?

Who Gets Custody Of Child In Divorce?

What is legal custody?

The term custody  is the legal right to make major legal decisions about your child but it does not mean where the child lives. Major decisions would be school choice, religion and medical care. Legal custody can be sole or joint custody. Joint custody is when both parents can equally make major decisions and neither parent’s rights are superior than the other. It is assumed by the court that both parents have the decision making authority or joint legal custody. Sole custody is just when only one parent has the right to make major decisions.

What is physical placement?

Physical placement is basically the amount of time each parent spends with the child. During your time of physical placement you have the right to make daily decisions about the child. These decisions would include things such as bedtime, discipline and social activities. Placement schedules vary and can range from very brief with one parent and the remainder of time is with the other parent. It is important to know the law does not require each parent have equal time of physical placement. It is thought the the child should have a schedule that allows regular meaningful times of placement considering each parent’s household accommodations.

When the court uses terms such as, “reasonable times upon reasonable notice” it can create more conflict than anyone can anticipate. That’s why it is important for the orders to be set very clearly for specific times for the placement with each parent. Many times extracurricular activities overlap periods of placement so it is beneficial for everyone if parents cooperate to make joint custody and shared placement work.

How are custody and physical placement issues resolved?

It is helpful if each parent is in agreement about custody and placement. After each parent agrees they put the agreement in writing and request the court approve it. The court typically approves the agreement if it is reasonable and both parents voluntarily agree. During this process parent typically work with family counselors and child specialists to get professional help to create a plan that is best for the child. Parents who are unable to come to an agreement must meet with a mediator and go through mediation to work out the problems you are facing.

How are child support payments determined?

The court bases child support on a percentage of a parent’s gross (pretax) income. This typically happens when a parent has a child for less than 25% of the time. Wisconsin standard support percentages are 17% for one child, 25% for two children, 29% for three children, 31 % for four children and 34% for five or more children. The court may adjust these percentages for higher income levels or if that percentage would be unfair to the person paying support. It is important to remember that even if the parent receiving the child support  refuses to follow your agreed upon schedule, the parent paying the support cannot legally stop or reduce payments. The payment has to be modified and approved by the court.

What happens when the other parent will not let me see our children/if I refuse to let the other parent see our children?

So when someone is wondering, “How Does Divorce Work With A Child,” I believe this is one of the most common questions. Whether you are the one refusing the other parent to see the child or vice versa. Violating a court order stating certain times for the child to be placed with the other parent may lead to you being held in contempt of court. If the court order does not state specific placement times it would be a good idea to request a change to the order. If the parent will not let you see the child you have to file a “petition to enforce physical placement orders.” It is important to remember that withholding a child can lead to criminal charges. Certain situations could justify any violation to a court order – for instance protecting your child from abuse or harm.

Can I Sell My House Before My Divorce Is Final?

Going through a divorce is tough. We strive to make your experience as easy as possible. We understand that it might be a scary process when you want to sell your house during divorce. You also might not be sure if selling your house for cash is the process for you. It is not as complicated a process as selling your house through a realtor. The realtor may take weeks to sell your house – we will offer you cash for your house as is (no costly repair costs) and we close on your terms! We will offer you a no obligation offer at no charge. Just contact us toady so we can relieve you from of your stressful situation. Click here to see how our process works!

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We want to help you take control of your situation, end the hassles, and get back to living the life you want to live. And you deserve to know all of the options available to you right now. Simply fill out the short form below or give us a call, and our experts will help you (with no pushy sales techniques or obligation)… we’ll help you make sense of all of this confusion and we’ll present you with the options that can potentially change your life and help you get back to normal.

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Sparks Property Investors is the Milwaukee  area’s most respected house buying service. We are a highly Sell my house fast milwaukeeexperienced home buying team that is focused on helping homeowners like you to sell your house fast, without any hassle, games, or fees, and we’re committed to delivering this service with transparency and integrity throughout the entire experience.

We buy houses all over the country, including Milwaukee and surrounding areas. We know the area, which means our home buying team can help you sell your house fast no matter where it is or what condition it’s in (and even if there are tenants).

Remember, we’re not agents who are trying to sell your house to others. We are professional house buyers, which means we have our own cash and are ready to buy. We can even make you an offer on the spot. Once we make you an offer and you can choose whether or not you want to take our no obligation offer. You can even shop around if you want, talk it over with others, and think about it before deciding. We have a strict no-pressure policy, and our many previous clients love it and are proof that it works. We want to help you Sell your House Fast For Cash In Milwaukee so you can leave your stressful house behind you.

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The information provided is for informational purposes only. Do not take any actions based upon the information provided without first consulting a licensed attorney within your state. We strive to keep our information up-to-date; however state laws are not static and subject to change without notice.