Legal Terms 101: Custody

What are the legal terms that I should be aware of concerning my children in the event of a divorce?

In the State of Wisconsin, there are generally two issues that must be determined in relation to your minor children in the event of a divorce. Those issues are custody and placement/visitation. “Custody” is a term that defines who will maintain care and control as it pertains to important decision making for your children. Specifically, it relates to having input into medical, educational and religious decisions regarding your children. If you are married, the presumption, or starting point for custody is joint legal custody. This means that both you and your spouse will equally share in making important decisions on behalf of your children. Either party may request sole legal custody of their children. If you are requesting sole legal custody, you will bear the burden of proving that the other parent is not able to handle this responsibility, or demonstrate to the Court extreme circumstances, which exist in your family dynamics that would make joint decision making difficult. In some cases, the court may award one parent custody over some issues, but not others.

Each attorney at the firm of THOMPSON, BISSETT & CASTONIA, LLP, are well equipped in educating you on how to be best prepared. Questions about an upcoming court hearing or to learn more, contact us at 920.231.5050.

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