Divorce brings with it significant challenges when it comes to a child’s living condition. Beyond just physical and legal custody, exact living arrangements can be further differentiated. While the prior is about decision-making, primary and shared placement deals with exact living conditions. These terms significantly impact both the child’s daily life and the parents’ responsibilities.
Specifically, this legal area serves to potentially divide living arrangements among parents, while allowing for legal custody being given to a single parent. This allows finding a very custom and workable solution for the child’s best interests.
In this process, working with an expert Milwaukee child custody lawyer is absolutely essential due to the various areas considered when presenting a compelling case, such as…
Time Spent with Each Parent
Primary placement refers to the arrangement where the child lives with one parent most of the time. The other parent typically has visitation rights, which might range from weekends to a more limited schedule. This setup ensures that the child has a stable home base while maintaining a relationship with both parents.
In shared placement, the child spends significant and approximately equal time with both parents. This arrangement requires a high level of cooperation and communication between the parents to ensure consistency and stability for the child.
Decision-Making Authority
Legal custody involves the authority to make important decisions about the child’s upbringing, including education, healthcare, and religious instruction. In many cases, parents share legal custody regardless of the physical placement arrangement, necessitating collaborative decision-making.
Divorce attorneys are tasked with negotiating legal custody arrangements. They ensure that both parents understand their responsibilities and help establish clear guidelines for decision-making. Attorneys may also assist in setting up conflict resolution mechanisms to address disagreements efficiently.
Presumption By the Court
Wisconsin courts operate under the presumption that maintaining strong relationships with both parents serves the child’s best interests. This presumption guides custody decisions, favoring arrangements that promote frequent and continuing contact with both parents.
Attorneys thus work within this framework. They present evidence demonstrating how their client’s proposed custody arrangement aligns with the court’s desires. The evidence involves gathering and presenting testimonies, school records, and other relevant documentation to support the case.
Rarity of Arrangements
While shared placement is increasingly common, it is not always feasible or in the child’s best interest. Factors such as the parents’ work schedules, geographic distance, and the child’s unique needs can influence the feasibility of shared placement. In such cases, primary placement may be more appropriate.
Divorce attorneys work with their clients to assess the practicality of shared placement versus primary placement. They help devise customized custody plans that consider the family’s specific circumstances, ensuring that the arrangement supports the child’s well-being and stability.
Impact on Child Support
The type of physical placement significantly impacts child support obligations. In primary placement scenarios, the non-custodial parent typically pays child support to the custodial parent. In shared placement, child support calculations consider the time each parent spends with the child and each parent’s income, leading to more complex arrangements.
Attorneys must provide guidance in this area. This allows navigating the various financial implications of the preferred arrangement. The focus is ensuring that the child support agreements are fair, and accurately reflect the parents’ financial responsibilities and the child’s needs.
Divorce is already a complicated process. The presence of children can make it even harder. This makes working with confident attorneys a must. A professional with significant expertise in divorce cases can effectively represent your case to the courts, and thus help arrive at a workable solution!