When you are a father getting divorced, it is important to understand your rights and responsibilities as they pertain to child custody. Too often, fathers do not seek the help of an attorney because they believe that they will automatically be granted joint custody and shared placement of their children. This is not always the case.

If you are a father who is going through a divorce, it is important to speak with an experienced divorce lawyer who can help you understand what to expect during the process. At The Ohiku Law Office, we have helped countless parents and families navigate through the difficult process of divorce. We want to help you too. Keep reading to learn more about what you need to know as a father about child custody and physical placement.

Looking for a Milwaukee divorce lawyer? Contact Ohiku Law today.

What is “Child Custody”?

In Wisconsin, child custody is defined as the legal authority to make decisions about your child. These decisions include, but are not limited to, decisions about education, healthcare, and religious upbringing. There are two types of child custody in Wisconsin: legal custody and physical placement. Legal custody means  that you have the right to make decisions about your child’s welfare. Physical placement means that you have the right to have your child live with you.

What else should fathers know about “Physical Placement”? 

Physical placement is also referred to as “physical custody.” This type of custody gives a parent the right to have their child live with them. Physical custody can be shared between parents or granted by the courts to one parent. When the court grants physical placement to one parent, that parent is referred to as the “primary custodial parent.” The other parent is typically given visitation rights in these scenarios, unless the court deems it dangerous or otherwise inappropriate for the child to spend time with the other parent.

What Happens if My Spouse and I Cannot Agree?

If you and your spouse are unable to come to an agreement about child custody or physical placement, the court will make a decision for you. The court will always put the best interests of the child first when making these decisions. In order to determine what is in the best interests of the child, the court will consider a number of factors, including:

• The age and sex of the child.
• The wishes of the child’s parents.
• The child’s relationship with their parents, siblings, and other important people in their life.
• The child’s adjustment to their home, school, and community.
• The mental and physical health of all parties involved.
• The child’s educational needs.
• Whether either parent has a history of abuse or neglect.
• Any other factors the court deems relevant.

I’m a Father. How Can I Learn More About My Rights?

If you are a father who is going through a divorce, it is important to seek the help of a divorce attorney with experience in child custody, placement, family law and, ideally, mediation. An attorney can help you set goals and map out your ideal situation for child custody and placement, explore options for mediation with your spouse, understand your rights and responsibilities during the divorce process, and provide resources and guidance on how to help your whole family come through the divorce process in a healthy way. If your case goes to court, an attorney can also help you navigate through the child custody process, understand what’s going on, and ensure that your rights are protected.

Ohiku Law: A Parent’s Best Resources

The Ohiku Law Office is dedicated to supporting families going through the often difficult and stressful process of divorce. We understand the challenges and stresses that come with divorce, child custody, and other family law matters. Our team is here to help you every step of the way. Contact our office today to schedule a consultation.