Like other courts across the nation, Wisconsin family courts, encourage divorcing parents to amicably work out child custody and child support issues outside of the courts. Courts maintain that agreements managed out-of-court are likely in the best interests of the children involved. If parents are unable to come to such agreements, Wisconsin courts will step in to decide issues of child custody, visitation, and child support--always with the best interests of the children in mind.
Wisconsin Child Custody
The court always makes an award of child custody based on the best interests of the children. Each petition for divorce filed must also include a comprehensive and detailed Permanent Parenting Plan, the objective of which is to minimize any trauma to the child. The provisions of the Permanent Parenting Plan must detail how that parent will promote the child’s best interest through schooling, physical care, traveling expenses, individual parental authority, residence options and rules. The agreement must be voluntary, so that one parent’s failure to comply with the agreement does not legally affect its validity as applied to the other parent, and so that the court can faithfully approve proper agreements.
Residence options are typically limited by the court, as frequent alternation between parents’ residences is discouraged. The exceptions to this general rule are situations when abuse, abandonment, or harm are evident risks to the child, or when both parties can demonstrate a solid record of cooperation and effective parenting despite, or even because of, the alternation in residence.
Wisconsin Child Support
Child support in Wisconsin is determined in accordance with the “Income Shares Model” for child support, where each parent’s income is considered in relative proportion. The support amounts calculated from each parent then help decide which parent must pay the other in order to maintain the correct proportion and provide for the needs of the child.
The Income Shares Model is not always followed, but a decision to follow a different standard will require supportive evidence showing: 1) all the factors that affect the parties’ financial obligations differently, and; 2) how applying a standard other than the Income Shares Model will more effectively preserve the child's best interest.
A lawyer can, of course, help you to better understand and assert your rights and responsibilities in raising children after divorce. A divorce lawyer can also serve as your advocate and/or counsel when negotiating a parenting agreement. Consult with a Wisconsin divorce lawyer for further information on child support and child custody matters.