Milwaukee Child Custody Attorney 

Protecting the Rights of Our Clients & Their Children

Child custody matters are highly emotional and contentious issues in many divorces. When you need legal assistance with a custody dispute, call The Law Offices of Jason D. Baltz. Our Milwaukee child custody lawyer understands the difficulty of these issues and has helped countless clients find workable arrangements and terms over the past two decades of practicing family law in Wisconsin.

Are you facing a challenging custody dispute? Call The Law Offices of Jason D. Baltz today at (414) 375-0797 or contact us online to protect your parental rights and your child’s future!

What Is the Difference Between Placement & Custody?

During a divorce, decisions must be made regarding the custody of children. Will one person have sole custody, or will it be shared? Two basic types of custody are decided: physical custody and legal custody. Understanding these distinctions is crucial, as they directly impact the child's daily life and long-term development.

Physical custody, often called placement, involves determining where a child will primarily live and how their time will be divided between parents. The arrangement can vary significantly, from a traditional schedule where the child resides with one parent during the week to more flexible shared schedules. This ensures the child maintains meaningful contact with both parents whenever possible.

Placement

Placement custody determines where a child will live and spend their time. It is common for one parent to have primary placement custody while the other parent has visitation rights. Placement decisions are made with the child's best interests as the priority, focusing on stability and continuity in their environment.

Legal Custody

The other type is legal custody, which refers to a parent’s right to make confident decisions about the well-being and welfare of the child. Legal custody involves making significant life decisions for the child, from their health care and education to their religious upbringing. The parents must communicate effectively to ensure decisions are made collaboratively, even if the child primarily lives with one parent.

Legal custody gives the parent the right to make decisions about:

• Health & Medical Care
• Education
• Religious Upbringing
• Other Important Decisions

While the children may live primarily with one parent, joint legal custody is often awarded unless there is a reason that one parent should not have legal custody. The court may consider factors such as child abuse, domestic abuse, neglect, mental health, and substance abuse on the part of either parent when making decisions about awarding legal custody. A parent's ability to make sound and informed decisions concerning their child's welfare plays a significant role in determining legal custody.

How Is Custody Determined in Wisconsin?

The court must review parenting plans during the divorce process. The court will decide if you and your spouse cannot agree on custody and visitation. Wisconsin family courts use the standard of the "best interests of the child" and generally consider joint legal custody and maximizing time with both parents to be in the child’s best interest.

Factors considered by the court in making custody decisions include:

• The physical and mental health of the parents and children
• History of domestic violence or abuse
• The ability of parents to communicate and cooperate
• The willingness of each parent to facilitate a relationship between the child and the other parent
• The wishes of the child, if old enough and mature enough

Temporary custody orders are given during the divorce process until the divorce becomes final and permanent custody arrangements are made. When the court makes a final custody decision, the court order will remain in effect for at least two years unless a dramatic change in circumstances affects the child. Parents seeking changes to existing custody arrangements must provide compelling evidence of significant changes in circumstances to justify modifications, aligning new agreements with the ongoing best interests of the child.

Understanding Temporary Custody Orders

During a divorce, temporary custody orders are often placed to establish a stable environment for the child while the proceedings are ongoing. These orders address immediate needs and living arrangements, serving as a bridge until final decisions are made. The objective is to provide consistency and minimize disruption in the child's life.

Both parents must adhere to temporary custody orders in Milwaukee, as non-compliance can impact final custody determinations. Ensuring a cooperative approach during this phase can positively influence the court's perception, laying the groundwork for a more favorable outcome. Working with your attorney to understand your rights and obligations under a temporary order is critical to maintaining your standing in the court's eyes.

Preparing for a Custody Hearing in Milwaukee

Preparing for a custody hearing in Milwaukee entails gathering relevant documentation and evidence demonstrating your parents' capability. Key documents may include financial records, parenting plans, and communication logs with your co-parent. It is essential to present your case clearly, focusing on the child's best interests and how your proposed custody arrangement supports this standard.

Working closely with your attorney is crucial in this process. An experienced lawyer will help you compile evidence, strategize for the hearing, and prepare you for potential questions. The goal is to present a compelling case highlighting your commitment and suitability as a parent, supported by concrete evidence and thoughtful planning.

Navigating the Milwaukee Court System

The Milwaukee court system plays a crucial role in determining child custody cases. Understanding local court procedures and their impact on your custody case is essential for a favorable outcome. In Milwaukee, family law matters such as child custody are typically handled in the Milwaukee County Circuit Court. Familiarity with these procedures and the legal framework can significantly streamline your case.

Child custody cases in Milwaukee focus heavily on the child's best interests, a standard that guides court decisions on both physical and legal custody. The process may involve guardian ad litems, who represent the child's interests and offer recommendations to the court. Working with an attorney like Jason D. Baltz, familiar with the intricacies of Milwaukee's legal environment, can provide invaluable support in navigating your case effectively.

Contact Our Milwaukee Child Custody Lawyer Today 

The decisions made at the time of a divorce may make sense at the time. However, life is constantly changing, and a situation that was workable several years ago may not be ideal in changing circumstances. If more than two years have passed since your divorce or there has been a substantial change in circumstances, modifying the existing court order may be possible. Attorney Jason D. Baltz represents clients in custody disputes and modifications.

We offer thorough, client-focused, personalized attention for every case. Our Milwaukee child custody lawyer has decades of experience and proven litigation skills backed by genuine care and concern for our clients. You can count on us to look out for your best interests and thoroughly prepare your case with the documentation and details needed to show the court that your vision meets your children's needs and best interests. Our strategic approach ensures that all relevant evidence is meticulously gathered and presented effectively, providing comprehensive representation in even the most complex custody matters.

For experienced guidance through every step of your custody case, trust our Milwaukee child custody attorney to advocate fiercely for you and your family. Reach out now.

Frequently Asked Questions

What Are the Steps to Modify a Custody Agreement?

Modifying a custody agreement involves several steps, beginning with demonstrating a significant change in circumstances since the last order was made. This change must be substantial enough that the current arrangement is no longer in the child's best interest. The process often starts with a petition to the court, detailing the proposed changes and the reasons behind them.

You must provide evidence supporting your claim, including changes in work schedules, relocation, or shifts in the child's needs. It's also beneficial to propose a new plan that aligns with the child's best interests, potentially including recommended schedules and living arrangements. Presenting this clearly and convincingly can aid in achieving the court's support for the modification.

How Can I Improve My Chances in a Custody Case?

Improving your chances in a custody case requires comprehensive preparation and understanding of what the court looks for when determining a child's best interests. Begin by maintaining open and effective communication with your co-parent, which reflects positively on your ability to cooperate for the child's welfare.

Document your involvement in the child's life, including educational and extracurricular activities, medical appointments, and day-to-day care. Gathering character references from those who can attest to your parenting can also provide support. Working closely with a knowledgeable attorney like Jason D. Baltz, who can guide you through the legal nuances and represent your interests effectively, is crucial in bolstering your case.

What Is a Guardian ad Litem in a Custody Case?

A guardian ad litem (GAL) is appointed by the court to represent the child's best interests in custody disputes. Their role involves investigating the family circumstances, interviewing parents, teachers, and even the child, and providing recommendations to the court on custody arrangements. The GAL is an impartial party focused solely on the child's needs and welfare.

The GAL's findings and recommendations carry significant weight in court decisions, making their involvement critical in custody cases. Understanding their role and cooperating with their investigation can be beneficial. An attorney can help facilitate this process by ensuring accurate and favorable information is presented to the GAL.

What Can I Do If My Co-Parent Violates the Custody Order?

If your co-parent violates the custody order, acting promptly to address the issue is essential. Documenting each violation with accurate dates, times, and descriptions will be crucial if legal action becomes necessary. Attempting to resolve the matter through communication should be your first step, as it demonstrates your willingness to work cooperatively for the child's benefit.

If violations persist, you may need to file a motion with the court to enforce the existing order or seek a modification. In such cases, an attorney can help you represent your interests and protect your rights, ensuring that the custody arrangement serves the child's best interests. Legal intervention may involve modifying schedules or altering custody terms in repeated violation cases.

How Can I Prepare for a Guardian ad Litem Evaluation?

Preparing for a guardian ad litem evaluation involves understanding their role and the aspects they examine during their investigation. It's beneficial to maintain meticulous records of your interactions with your child, focusing on activities, responsibilities, and daily routines. Organize documentation of any significant events relevant to the custody case.

Cooperate fully with the GAL, providing honest, clear responses to their inquiries. Highlight your involvement in your child's life and your dedication to maintaining their well-being. An attorney can guide you through this process, ensuring you present yourself and your situation favorably, thus positively influencing the GAL's recommendations.