If Wisconsin men follow the national trend, more fathers than ever before are stepping up as single dads. Family law courts used to almost automatically award child custody to the mother. However, the percentage of households with minor children headed by single men rose from one percent to eight percent between 1960 and 2011, according to a recent study conducted by Pew Research Center. Translated into numbers of households, this shows fewer than 300,000 growing to more than 2.6 million.
Analysts credit the trend to the ever-rising U.S. divorce rate, as the percentage of single mothers heading households has also increased over that period, as well as the fact that fewer parents are marrying before children were born or even not getting married at all. Another factor in the growth of the single-dad household is that society no longer looks on a father raising children alone as unusual.
Reflecting this change in societal norms, more states are moving away from favoring the mother in custody disputes and toward shared parenting. In the past, legal custody was often shared by both parents, but physical custody was much more frequently given to the mother. Under this new paradigm, states including Minnesota, Iowa and Oregon favor a 50/50 split of physical custody. Whether a cause or an effect of the shared parenting trend, more dads are believing that they have important contributions to make as a part of their children’s lives.
In a child custody dispute, family courts will most often rule in the best interests of the child or children. However, each state may have its own definition of “best interests,” and judges will adjust their rulings according to the particulars of each case.
Source: The Atlantic, “The Rise of the Single Dad“, Caroline Kitchener, February 24, 2014
Child custody trends creating more single-dad homes
If Wisconsin men follow the national trend, more fathers than ever before are stepping up as single dads. Family law courts used to almost automatically award child custody to the mother. However, the percentage of households with minor children headed by single men rose from one percent to eight percent between 1960 and 2011, according to a recent study conducted by Pew Research Center. Translated into numbers of households, this shows fewer than 300,000 growing to more than 2.6 million.
Analysts credit the trend to the ever-rising U.S. divorce rate, as the percentage of single mothers heading households has also increased over that period, as well as the fact that fewer parents are marrying before children were born or even not getting married at all. Another factor in the growth of the single-dad household is that society no longer looks on a father raising children alone as unusual.
Reflecting this change in societal norms, more states are moving away from favoring the mother in custody disputes and toward shared parenting. In the past, legal custody was often shared by both parents, but physical custody was much more frequently given to the mother. Under this new paradigm, states including Minnesota, Iowa and Oregon favor a 50/50 split of physical custody. Whether a cause or an effect of the shared parenting trend, more dads are believing that they have important contributions to make as a part of their children’s lives.
In a child custody dispute, family courts will most often rule in the best interests of the child or children. However, each state may have its own definition of “best interests,” and judges will adjust their rulings according to the particulars of each case.
Source: The Atlantic, “The Rise of the Single Dad“, Caroline Kitchener, February 24, 2014
Traveling with children after divorce
A Wisconsin parent who has been through a recent divorce may face a variety of difficulties when trying to take a child abroad. If children are younger than 16 years old, both parents must be present when applying for a passport. However, if the couple is divorced, one parent may be present if he or she can prove sole custody. It is also possible for the non-custodial parent to be present if he or she has a court order permitting a specific international trip.
It can be hazardous to allow a child to travel in some cases, especially when the non-traveling parent does not trust that a former spouse will return the child by the appointed date. In some cases, a parent may try to leave the United States with no intention of return in an effort to avoid the terms of child custody and visitation agreements. Child custody rulings made in the U.S. are very difficult to enforce once a parent and child cross the border into another court’s jurisdiction.
However, there are some steps a parent might take to ensure that a former spouse adheres to the terms of child custody agreement. For example, the non-traveling parent may request a ne exeat bond. In such cases, the traveling parent posts a bond and informs the court of the return date for the trip. The bond is in the amount that it would cost to pursue legal action against the traveling parent if he or she does not return with the child.
Alternately, the non-traveling parent may wish to consult with an attorney. An attorney may be able to familiarize themselves with the relevant legal actions that might be pursued should an international abduction take place. The attorney could also help a client understand the different ways that he or she might seek to enforce the terms of a child custody agreement.
Source: Forbes, “Take Precautions Before Your Children Travel Internationally With Your Ex-Husband“, Jeff Landers, May 06, 2014
Child brought back to Wisconsin in child custody dispute
A 23-year-old woman was given three years of probation for reportedly taking her child to California in violation of the father’s visitation rights. According to the child’s father, he had missed 20 scheduled visits with his child due to the fact that the mother could not be found. The father also stated that he believed the mother had taken their 4-year-old son to Mexico at some point. If she successfully completes the probation, she could have the charge expunged from her record.
The mother claimed that the boy’s father was welcome to join the two in California and that the issue was a misunderstanding due to a lack of communication between the two. In issuing his ruling, the judge in the case said that the pair needed to make raising the child a priority and that they needed to figure out a way to effectively co-parent the child.
The father of the child filed a criminal complaint in September 2011 after he could not locate the child or his mother. He also claims that since an arrest warrant only called for the mother to be taken back to Wisconsin from California, he had to drive there to pick up his son. According to reports, the child is currently living with his father in Wisconsin.
When both parents have custody rights to a child, neither parent can take the child away without the consent of the other parent. In extreme cases, a parent may ask a judge to alter the custody arrangement if it is in the best interest of the child. Parents who are concerned about their child custody rights being preserved may wish to speak to a family law attorney to ensure they are able to stay in their child’s life.
Source: Beaver Dam Daily Citizen, “Judge: custody case a ‘mess’“, Ben Rueter, June 09, 2014
NBA All-Star seeking child custody
Wisconsin NBA fans have seen their fair share of family law cases emerge from the stars’ lives. Indiana Pacer Paul George is the latest star to be implicated in a child custody case.
A woman who alleges that the All-Star is the father of her child filed for sole custody of their child. She is currently living in New York with family members, where she has lived since the birth of her two-month-old daughter. George stated in February that he would embrace it if a paternity test showed that the child was biologically his. While a prenatal paternity test was conducted, George is asking for a new paternity test on the 2-month-old child, citing misgivings about the accuracy of a prenatal test. If the child is his, he is asking the case to be transferred to Florida where the alleged parents of the child met. He is also asking that he be given sole custody of the child. Additionally, he is asking that the court award child support to the mother in an amount less than the child support obligations of Florida.
While the mother’s previous petition for child custody cited George’s travel schedule as a reason to give her sole custody, George claims that shared parental responsibility would be detrimental to his child. He says that he is in a better position to make necessary choices for her in all areas of her life and has the necessary financial resources to provide care for her. On the other hand, he says that the mother isn’t capable of caring for the child as she is unemployed and voluntarily refusing to look for work.
Fathers who are not married to the mother of their children often must first establish paternity before they are entitled to other rights. They may seek the assistance of a family law lawyer in order to pursue a child custody of this nature.
Source: INDY Star, “Pacers’ Paul George seeks sole custody of child“, June 30, 2014
Legal custody and reaching a custody agreement
Parents in Wisconsin may have concerns and questions about child custody when separating or going through a divorce, and understanding what custody means can help when parents have issues regarding child support and decision-making abilities. Legal custody gives one or both parents the right to make major decisions about a child or children and is different from physical custody, which refers to time with each parent. Physical custody does not have to be equal, and a parent can make routine or daily decisions when having physical custody.
Parents are generally assumed to share joint legal custody after a divorce. If parents cannot agree about child custody or placement, a court may make a custody determination. Both parties must meet with a mediator at least once before asking the court to intervene. A guardian ad litem will be appointed to investigate the situation and represent a child’s best interests.
The guardian ad litem could take up to a year to investigate, and the guardian may help parents form a custody agreement that the guardian approves of. If there is no agreement, a hearing commences where a judge makes decisions after listening to evidence from the parents and guardian ad litem.
Child custody issues are important during a divorce. A court order can take time when parents cannot reach an agreement as the process might involve a custody study, guardian ad litem, social worker, mediator or child specialist. Since this process can be complicated, thorough and lengthy, the final decision is intended to last. This may make it especially important to consult with a family law attorney when needing an agreement modification, but an attorney may be able to assist with any part of the child custody process.
Source: wisbar.org, “Custody and Placement: Answering Your Legal Questions“, October 19, 2014
Third party visitation in Wisconsin
Wisconsin law allows third parties who are not a child’s biological parents to seek and obtain visitation rights in certain cases. Eligible parties include the child’s grandparents, stepparents or other people who have established a parent-like relationship with the child.
Some people who have these relationships to a child are normally not eligible to receive visitation rights, however. People who have been convicted of first or second-degree murder of the child’s parents are unable to be granted visitation unless they are able to prove by clear and convincing evidence that such visitation would be in the child’s best interests. The court considers the preference of the child in those cases.
Grandparents may be granted visitation in cases in which the child’s parents were never married to each other, if the child’s paternity has been established and the grandparents are the father’s parents and in cases in which the child has not been adopted. Additionally, the grandparents must have maintained a relationship with the child or has attempted to continue to maintain one but has been prevented from doing so by the parent with legal custody. Finally, the court must find that the grandparent visitation would be in the best interests of the child.
Third parties, including grandparents, are able to seek and obtain visitation rights in some cases in Wisconsin. When a grandparent, stepparent or other third party has previously established a close relationship to a child and the custodial parent will not allow them to see the child, they may wish to petition the court who issued the custody order for visitation rights. People in that situation may benefit by meeting with a family law attorney who may be able to help them prove to the court that visitation is in the best interests of the child.
Source: Wisconsin State Legislature, “767.43 Visitation rights of certain persons.“, October 30, 2014
Wisconsin appellate court affirms order for mother to return
A Wisconsin Court of Appeals decision recently affirmed a lower court’s ruling that a mother who had moved her children out of state had to return to Wisconsin and re-enroll her children in their former school district. The mother and the father had previously been granted joint legal custody, with the mother being granted 60 percent physical custody time.
The mother and her former husband are parents of two children who have autism. Following the initial custody order, the mother had gotten a job in Illinois. She filed a motion with the court to allow her to move the children out of state. At the modification hearing, she had told the court that the children would be attending school in one of two schools located in the Lincolnshire/Deerfield area. The motion was granted by the court.
The mother did not move to Lincolnshire or Deerfield. Instead, she moved the children to Round Lake. She also filed a separate action in Illinois for divorce against the father. The father filed a motion to have the mother be required to move back to Wisconsin. The court granted the father’s motion, ruling that the mother did not do what she had stated in order to get the out-of-state move approved. The court also ruled she had engaged in overtrial by having proceedings in two different states against the father. She was ordered to either move the children back to Wisconsin or to lose primary placement of them. She was also ordered to pay the father’s court costs and attorney fees.
When parents go to court to seek a modification of a child custody order, it is highly important that they are honest with the court. Failing to follow through with what has been approved can result in negative legal consequences.
Source: State Bar of Wisconsin, “Appeals Court Upholds Order Requiring Mother to Move Back to School District“, Joe Forward, October 31, 2014
Child custody laws in Wisconsin
A parent who wishes to gain custody of a child in Wisconsin must follow the laws that are set forth by the state. These laws also apply to grandparents and other family members who want to try to gain custody of a child. If these laws are not followed, then the child could be placed with another family member or placed in a foster home if there are no other family members willing to take the child.
In regards to child custody, one parent must prove that he or she is a better fit for the child than the other. A judge will often look at what is in the best interest of the child as well as what each parent wants. However, just because a parent wants to keep the child on a full-time basis does not mean that it will happen. The judge will look at the relationships that the child has with all family members and siblings. Other aspects include how long the child has been at his or her school and how well the child fits in with the community.
There are a few things to keep in mind with child custody in Wisconsin. The judge could allow joint custody where both parents share time spent with the child. If there is more than one child in the relationship, the judge can split the children between two homes. Most judges will look to keep siblings together, especially those who are younger.
Parents who do not have custody can speak with an attorney about visitation rights. There can be a visitation schedule set for every weekend, once a month or on a supervised basis. Some children will spend weeks at a time with one parent and other weeks with the other parent. A lawyer may help an individual to present their case and try to gain the best custody agreement for them.
Source: Wisconsin State Legislature, “767.41 Custody and physical placement.“, November 11, 2014
The “best interests of the child” principle
Wisconsin parents may be interested in some information on the factors that courts use in determining custody issues after a divorce. Depending on the particular state, the motivating factors could change, but most of them exist to achieve specific goals. Nearly every decision that a court makes regarding child custody and physical placement is governed by the best interests of the child principle. What this means, exactly, can depend on a number of factors.
Every state requires that this be the prime determining factor, but many states also have their own statutory rules as to what this phrase entails. Often, the rules are there to support some overarching policy goal with regard to child custody. These can include family integrity and keeping the child in their family home, protecting the child’s health and welfare, and having these permanent custody decisions made in a timely manner.
Many states have statutes setting forth specific factors that are taken into consideration. While they vary with each state that has them, some that are more common than others. The most prevalent is consideration for the emotional bonds between the family members. Another common factor is the ability for each parent to provide for the child. Others include the physical and mental health of the parents and child, as well as the particular needs of the child.
Understanding the process for determining child custody issues can be daunting without the assistance of an attorney. The attorney may be able to guide a parent through the process of fighting for custody and drafting a parenting plan that is fair to all parties and in the best interests of the child.
Source: Child Welfare Information Gateway, “Determining the Best Interests of the Child“, December 15, 2014
Let our firm guide you with your child custody issues
If you are facing a legal child custody issue, our lawyers might be able to find a reasonable and fair solution that may satisfy all parties involved while seeking to preserve the child’s best interests. At Magner, Hueneke & Borda, LLP, we may be able to help you work out the sensitive matter of legal custody issues while reducing your stress.
If the dispute remains unresolved, the matter may most likely end up in a civil court trial in which the court will appoint a guardian ad litem to represent the best interests of the children involved. The role of the guardian ad litem is to advise the court in the placement, custody and visitation for the children. Our firm may be able to provide a custody report that could possibly affect the court’s final resolution of your case.
Following the determination of child custody and physical placement of the children, our law firm may be able to assist you with understanding how child support payments are determined based on your particular set of circumstances. If for some reason you need to change the initial child support amount set by the courts, we could possibly work out a post-judgment modification for you.
Moreover, our firm has effectively helped individuals in arranging suitable parenting plans and visitation schedules that follow custody determinations. We understand the importance of the parents’ rights and work hard to maintain the valuable relationship each parent has with the child. We also might be able to provide answers to your paternity issues and visitation rights. Our page on child custody disputes may provide you with more information on how custody is resolved.