In the state of Wisconsin, legal custody and physical placement are two separate concepts that are often confused. Legal custody is the power to make decisions that will affect the child's present and future, such as school choice or health care and is the right and responsibility to make major decisions concerning the child that are consistent with any agreement made by the parties or a court order or judgment during a divorce or legal separation.
The types of major decisions that can be made by a legal custodial parent include, but are not limited to, decisions regarding:
Contact Balisle Family Law Legal Counsel for more information on this topic. Our Madison child custody lawyers can help.
Physical placement refers to the time a child spends with each parent When a parent has physical placement of the child, that parent has the right and responsibility to make, during that placement, any routine daily decisions regarding the child’s care, consistent with major decisions made by a person or persons having legal custody.
Decisions regarding legal custody and physical placement can be very complicated and contentious because of the emotions involved. When parents cannot agree on legal custody and physical placement, the court may appoint a guardian ad litem, whose job it is to represent the best interests of the children. This is why it is important to seek help from child custody lawyers in Madison, WI.
When deciding on custody, the courts will always make decisions based on the child’s best interests. The judge can choose to overrule a decision if there is any doubt as to what will be best for the child. What is most important is creating an environment of stability for the child, and ensure he or she has what they need to continue growing and developing well into adulthood. Ideally, the courts will want to choose a scenario where the child maintains a close, loving, and healthy relationship with both parents.
The custody attorneys at Balisle Family Law Legal Counsel S.C. have extensive experience helping parents work through legal custody and physical placement issues, including modification of legal custody and physical placement arrangements, or mediation of custody disputes. Usually these matters can be resolved by agreement, but we are prepared to litigate them if necessary. If you are in the middle of a complex legal battle, contact our Madison child custody attorney today.