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.

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Wisconsin divorce and virtual visitation

Wisconsin is one of only six states to have a formal virtual visitation law on its books. Because of this, parenting plans including virtual visitation provisions are gaining prevalence in family court proceedings. Wisconsin law clearly states that virtual visitation is appropriate for facilitating communication between parents and children at reasonable hours during periods when the child is in the physical custody of the other parent but may be restricted for several reasons.

When considering child custody arrangements, the court takes into account the past conduct of the parents with regards to cooperation and communication both with each other and with the children. The children’s expressed preferences will also be considered. In cases where physical visitation would be supervised, such as where spousal abuse or battery has occurred, virtual visitation must also be supervised. Both parties must have access to reasonable electronic equipment, such as computers or smart devices, to facilitate communication.

Virtual visitation is regarded as an enhancement to, not a replacement or substitute for, physical custody or visitation time. Through virtual visitation, noncustodial parents may maintain contact with and even attend school or extracurricular activities of the children when not physically present. Wisconsin law does not permit virtual visitation alone as valid justification for relocating a child away from a noncustodial parent.

In considering physical placement agreements, an attorney might begin by examining family dynamics in play, including how well the spouses work together with regards to the children’s best interest. The attorney may review court documents such as arrest records and other information that may affect the court’s ruling on the matter. In all cases, the attorney and court are obligated to place the best interests of the children first when establishing any form of visitation.

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International child custody cases complex for government, parents

Wisconsin residents may have noticed several international child custody cases in the news lately, including one high-profile case involving a New Hampshire woman facing charges for illegally taking her 8-year-old daughter to Central America more than 10 years ago. These cases underscore the complex issues facing parents and governments when dealing with international custody fights.

According to the U.S. State Department, at least 8,000 American children were kidnapped and taken to another country by a parent between 2008 and 2013. Currently, the United States and 92 other countries have signed a treaty which was designed to protect children from international parental kidnapping and to facilitate their safe return to their native country. However, only 50 percent of American children who are abducted to a signatory country are ever returned to the U.S.

There are a few reasons for the low recovery numbers. One reason, which happened in the New Hampshire case, is that authorities cannot confirm the actual location of the abducted child. Another reason is that some governments that signed the treaty have been reluctant to push for its meaningful enactment in their countries. The logistics of traveling back and forth for court hearings can be financially difficult for parents as well.

In 2014, President Obama signed a law that attempts to prevent the international abduction of children by a parent. The legislation requires the State Department to issue an annual report naming each country that received an abducted U.S. child. The law also sets a time schedule of actions the government can take to ensure a child’s return to the United States.

Any parent who is faced with a child custody dispute may benefit by consulting with a family law attorney. Legal counsel could help negotiate parenting plans and visitation schedules that are in the best interests of the client’s child.

Source: ABC News, “Complex Challenges Posed in International Child Abductions,” Rik Stevens, May 10, 2015

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Jon Gosselin attempting to change custody order

Wisconsin reality television fans may have been following the story involving Jon Gosselin and his quest to get custody of his 11-year-old daughter. Reports indicate that the girl told her father that her mother was being cruel toward her and that she was being forced to continue to appear on television although she didn’t want to. Jon and his ex-wife Kate Gosselin were said to be on bad terms prior to their divorce and do not have a relationship currently.

However, whether or not a judge will modify an existing custody order depends on whether or not there has been a change in circumstances. It will be up to Jon Gosselin as the non-custodial parent to prove that such a change has taken place. It is unlikely that he will get custody of the child, as changing the custody order could have an impact on the other children.

If the two parents desire, they may be able to reach a compromise in a situation such as this one. Reaching a middle ground will allow the girl to spend more time with her father without having to take her away from her brothers and sisters. This may be seen as in the best interest of the child, which would be the top priority of any ruling that a judge may make.

Parents who wish to modify an existing child custody order may wish to talk to the custodial parent before taking legal action. It may be possible to come to an agreement that is in the best interest of the children without the need to go to court. However, if no agreement can be reached, it may be worthwhile to consult an attorney to determine how a parent may gain sole custody or additional parental rights to a child.

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Shared parenting in child custody decisions

The concept of shared parenting, or the practice of ensuring a child receives as much time with both divorced parents as possible, is quickly gaining ground in Wisconsin and elsewhere. While courts are not supposed to prefer one gender over the other when making child custody determinations, in practice it is the mother who is most often awarded physical custody. However, the idea of shared parenting as a presumptive court order is becoming more prevalent, signaling a possible move away from the current custody system.

Census data shows that 83 percent of custodial parents are women, and fathers are often limited to prescribed periods of visitation. Many states are considering legislation to combat these trends and allow both parents to have more time with their children.

Children who share time with each parent after a divorce are less stressed, according to a recent study. An analysis from the National Parents Organization ranked all 50 states according to their child custody laws on the basis of shared parenting. Half the states received a grade of D or less, and no states received an A grade. New laws being considered in several states would allow noncustodial parents to spend more time with their children, while at least one other state is looking at legislation that would make 50/50 parenting the presumed court order.

When considering possible parenting plans, the best interests of the children must be taken into account. Each parent should retain their own counsel, and the child or children may be assigned a guardian ad litem to speak on their behalf. An attorney for a divorcing parent might consider the differing schedules, income levels and relative physical and emotional health of both parties in negotiating a child custody agreement for parental consideration and judicial approval.

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Kardashian and Disick breakup could lead to custody battle

Wisconsin residents may be interested to know that reality TV stars Kourtney Kardashian and Scott Disick have decided to part ways. The long-time couple announced their breakup on July 6.

According to media reports, Disick’s split from Kardashian is said to be related to his bouts with substance abuse. He was recently photographed partying in France with an ex-girlfriend after a stint in rehab. It is not known if Disick will seek custody of the couple’s three young children, but legal professionals said his past drug and alcohol problems will not necessarily bar him from gaining some form of parental rights.

Courts place a high value on parent-child relationships and seek to protect those bonds whenever possible. To that end, judges often try to work with parents who have a history of substance abuse, spousal abuse, mental health issues or joblessness. However, Disick could still face an uphill battle to gain custody of his children, especially if Kardashian battles him in court. In the end, he may have to submit to mandatory drug testing and supervised visits to see his kids.

The main goal of family courts in these types of matters is to act in the best interests of the children, which typically means keeping both parents in their lives. Therefore, Disick could be granted custody or visitation rights, particularly if he proves to the court that he is taking sobriety seriously.

Child custody disputes can be contentious and emotionally draining experiences. A parent who anticipates being in one may benefit by retaining a lawyer. Legal counsel could help negotiate a visitation agreement that is in the best interests of the child and which can be submitted to the court for approval.

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Dad asking for full custody of his 3 children

Wisconsin residents may have heard about three Michigan children who were sent to a juvenile detention facility for refusing to spend time with their father. Now, their father is filing for full custody of the kids, claiming that their mother is a roadblock to any efforts to build a relationship with them. The filing also asks that the mother be physiologically evaluated before being granted limited visitation rights.

The family lived in Israel until the children’s mother took them to Michigan where she filed for divorce in 2009. The father stated that he moved to America in 2015 to be closer with the children and to foster a relationship with them. The mother claims that he has previously abused the couple’s 10-year-old child. Despite the apparent acrimony between the parents, the father says that seeing the children taken away was like an execution and that they should not be punished for the parent’s poor relationship.

After the case received widespread attention, the children were ultimately transferred from a youth detention facility to a summer camp. Those following the case believe that the children should be interviewed by professionals who may be able to determine why the children do not want to be with their father. There is precedent for this in a current child custody case taking place in New York.

Parents who wish to have custody or visitation rights may wish to talk to an attorney. Legal counsel may be able to help establish that the parent is fit to be around the children and can provide a stable and safe environment. Typically, having a relationship with both parents is in the child’s best interest even if the parents themselves do not get along.

Source: Yahoo, “Dad Battling for Custody of Kids Who Were Locked Up for Refusing to See Him”, Beth Greenfield, July 17, 2015

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Chris Brown seeking joint custody of his 1-year-old daughter

Wisconsin music fans may be interesting to learn that, on Aug. 3, it was reported that Chris Brown filed for joint custody of his daughter. This occurred after the mother of his 1-year-old child filed for full custody. If her request is granted, Brown would only be able to visit his daughter while being supervised.

Brown stated that he intended to be involved in the life of his child. In May, the mother of the child requested that the child support payments be increased. Brown then applied for his official paternity rights so that the child support dispute could be handled in court. Since then, the mother moved ahead and applied for full-time custody, arguing that Brown’s lifestyle was dangerous for the daughter.

Brown responded to the mother’s claims, stating that he responded to two home break-ins by increasing security. He also claimed that he had never done drugs around his daughter and that his friends were not welcome when he had his child in his care. He reportedly intended to seek joint custody once he established legal paternity.

Child custody disputes can become heated, especially if one parent wants full custody of the child. If an agreement regarding where the child will live and when the parent can visit cannot be agreed upon, the court will decide what is in the child’s best interest. A family law attorney can assist with the negotiations. If the parent is seeking visitation, the attorney can negotiate a schedule that allows the parent the ability to maintain a strong relationship with the child. The attorney can also help with the child support negotiations.

Source: Music Times, “Chris Brown to Fight Baby Mama for Joint Custody of Daughter Royalty“, Angus Walker, Aug. 3, 2015

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Judge orders reunification therapy in bitter custody dispute

While custody disputes in Wisconsin may sometimes become contentious, few become so bitter that they generate nationwide attention. Media outlets around the country reported in July 2015 that a family court judge had placed three children in a juvenile detention facility after they refused to eat lunch with their father, and the Michigan case continued to make headlines when the judge subsequently ordered the children to participate in reunification therapy.

Reunification therapy is controversial because it involves separating the children from their custodial parent and sending them to some form of retreat to undergo similar treatment to that given to individuals who have been brainwashed. Judges in several parts of the country have ordered this kind of therapy when they feel that one of the parents involved in a child custody dispute is having a detrimental impact on their children. The mother of the children in the Michigan case has made several accusations against her former husband including claims that he abused their 11-year-old son.

Critics of reunification therapy say that the process may do more harm than good because it separates children from the parent that they are most comfortable with and forces them to undergo what basically amounts to deprogramming. The judge in the Michigan case has ordered that the details of the court-ordered therapy be sealed, but observers say that such retreats sometimes cost as much as $10,000 per child.

Experienced family law attorneys may urge their clients to put aside their animosities and search for a compromise to avoid the stress, expense and uncertain outcome of a court hearing. Emotions can run high when divorcing couples discuss matters such as child custody, spousal support and property division, and attorneys often tread a delicate path as they strive to help their clients reach an amicable agreement.

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Hair follicle testing and false positives for marijuana

Drug testing is sometimes ordered by Wisconsin courts handling child custody cases where a parent is suspected of illegal drug use. The hair follicle test is designed to detect metabolites produced in a person’s body after use of illegal or prescription drugs. A new study in Germany has found, however, that this can be a problem for marijuana testing.

The hair follicle drug test looks for cannabinoids in a test subject’s hair strands to detect marijuana use. Cannabinoids can be transferred to a non-smoker via contact with a marijuana smoker or secondhand smoke, researchers found. This could result in a false positive for marijuana.

Urine tests are the most commonly performed type of drug test, but hair follicle testing is often preferred for child custody cases because it allows lab analysts to look for drug use over a longer period of time. Urine tests are considered the standard for employment screening. Marijuana stays in a person’s system for longer than other drugs, which creates another problem with drug tests. A person could test positive for marijuana on a hair follicle test months after using the drug.

A false positive test could have devastating consequences for parents who are fighting for custody. After failing a drug test, many courts will order supervised contact only and in some cases, no visitation rights at all. Some parents could even face termination of their parental rights if they fail a drug test.

A parent who is concerned about drug testing in a child custody case may wish to consult with a family law attorney. Legal counsel may argue that certain tests are unreliable while asserting to the court that denying parental rights to the client would not be in the best interests of the child.

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