Understanding Child Custody and Support in Wisconsin

A Woman’s Guide to Divorce

Understanding Child Custody and Support in Wisconsin

A Woman’s Guide to Divorce

Divorce is a challenging process, especially for mothers who want to ensure their children's well-being and financial stability. In Wisconsin, child custody and support laws are designed to prioritize the best interests of the child while also considering each parent's rights and responsibilities. If you're a woman navigating a divorce in Milwaukee, understanding your legal options can empower you to make informed decisions for your family's future.

Types of Child Custody in Wisconsin

Wisconsin law recognizes two main types of custody:

  • Legal Custody: This refers to the right to make important decisions regarding your child's upbringing, including education, healthcare, and religious practices. Courts typically award joint legal custody, meaning both parents share decision-making responsibilities. However, in cases involving domestic abuse or an unfit parent, the court may grant sole legal custody to one parent.

  • Physical Placement: This determines where the child will live and how much time they will spend with each parent. Wisconsin courts aim for shared placement when possible, but if one parent is deemed more capable of providing a stable home, they may receive primary placement, while the other parent has scheduled visitation.

Factors That Influence Custody Decisions

The court considers various factors when determining child custody, including:

  • Each parent’s relationship with the child

  • The child’s wishes (depending on their age and maturity)

  • The mental and physical health of both parents

  • Any history of domestic violence or substance abuse

  • Each parent's ability to provide a stable home environment

As a mother, demonstrating that you can provide emotional, financial, and physical stability for your child is crucial. Jaime Young, an experienced advocate for women’s rights in divorce cases, emphasizes the importance of gathering evidence—such as school records, witness statements, and financial documentation—to strengthen your case.

Understanding Child Support in Wisconsin

Child support is designed to ensure that children maintain a consistent standard of living after their parents separate. In Wisconsin, child support calculations are based on a percentage of the non-custodial parent’s income:

  • 17% for one child

  • 25% for two children

  • 29% for three children

  • 31% for four children

However, the court may adjust these amounts based on shared placement schedules, each parent's income, healthcare expenses, and the child’s special needs. If your ex-partner refuses to pay child support, legal actions such as wage garnishment or license suspension can be enforced.

Protecting Your Rights as a Mother

Women facing divorce often feel overwhelmed by the legal complexities of custody battles. Here are three key steps to protect your rights:

  1. Consult with an experienced attorney: A family law attorney like Jaime Young can help you navigate the legal system, advocate for your parental rights, and secure fair custody and support agreements.

  1. Document everything: Keep records of your child’s medical appointments, school activities, and any interactions with your co-parent that may impact the custody decision.

  1. Prioritize your child’s well-being: Courts favor parents who encourage a healthy co-parenting relationship. Avoid negative interactions with your ex in front of your children and focus on providing them with a nurturing home.

Take Control of Your Future

Going through a divorce is never easy, but understanding Wisconsin’s child custody and support laws can help you take control of your future. With the right legal guidance, you can ensure that your children receive the stability, care, and financial support they deserve. If you’re facing a custody battle, don’t navigate it alone—reach out to Jaime Young for expert legal advice and advocacy tailored to your unique situation.

Book a Free Consultation Today

Jaime Young is committed to helping women protect their rights and their children's future. Schedule a free consultation today to discuss your case and learn how she can support you through every step of the process. Click here to book your free consultation now.

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Testimonials

Clara H.

Very professional. Went above and beyond and took a personal interest in my case. Always fought for the right thing and the fair thing. While I sincerely hope I will never need a divorce attorney again, I will always recommend Women's Divorce to anyone I know who needs those services.

Laura Z.

Always their for you Jamie helped me with the most difficult time in my life . Thank you

Callie A.

Jamie is very kind and her assistant Trinette is very helpful too! Their rates were very reasonable (compared to other lawyers) and there were no hidden fees. Just be prepared if your going through a nasty domestic violence divorce, it's a chaotic journey and it is very frustrating and extensive. Not due to the lawyer, due to the current wisconsin laws and a lot of just situational things.

FAQs

Your Top Questions Answered Compassionately and Clearly

What is a no fault divorce and who can start it?

A no fault divorce is started by one of the parties because that person no longer wishes to be married. To qualify, a party must be a resident. That means they must live in the state at least 6 months and county for 30 days before commencing the action to start a divorce or legal separation action.

How long does a divorce usually take?

Generally about 5 months.

What if I need financial assistance (child/support/maintenance) right away?

You can have a hearing before the Family Court Commissioner within approximately four weeks.

What issues are decided in a divorce or legal separation?

Custody, placement, child support, alimony, health insurance, life insurance, tax exemption, property division.

What is custody and placement?

Custody involves health, education and welfare issues and placement involves where the children reside.

Paternity Actions

Paternity establishes that a man is the father of a child. Paternity is important to determine parental rights and responsibilities. Our attorneys can help you start an action to establish paternity and protect your child's legal rights.

Child Custody

Legal custody refers to the rights of a person to make major decisions concerning a child. These decisions include: education, medical treatment, religion, consent to marry, enter the military, get a driver's license, choose a school, and give authorization for non-emergency healthcare, among other things. There is a presumption that joint legal custody is in the best interest of the child. Custody disputes can be very contentious and painful. We are there for you when you need someone to look out for your interests.

Placement

In cases when both parents want to have primary placement of the children, the steps that take place involve mediation and can end with the appointment of a Guardian Ad Litem (attorney that represents the children).

Child Support

Child support is determined by income and time spent with a parent. Our attorneys will work to ensure that your child receives they are entitled to.

Family Law Practice Areas

Divorce

Legal separation

Arbitration

Paternity

Post judgment modification of orders/judgment

Child custody, child placement, and visitation

Child support

Spousal support (alimony/maintenance)

Property and debt division

Protection of gifted and inherited property