Ohiku Law

The main goal of family courts in the state of Wisconsin is to facilitate the healthiest and safest possible custody arrangement for a child. To this end, courts in Wisconsin aim for joint child custody or an agreeable co-parenting plan wherever possible. However, child custody law in Wisconsin will accommodate both sole and joint legal custody arrangements.

I’m Odalo Ohiku. Here at Ohiku Law, I help Milwaukee families navigate the often complicated world of child custody. Every family’s situation is different and only an experienced attorney can help you come to the best solution for you and your child. Below is a handy guide to understanding child custody law in Wisconsin, but give me a call to discuss further. 

What does “legal custody” mean?

The term “legal custody” refers to the legal right of a parent to make significant decisions about their children. These include decisions about health care, education, religion, and consent to marry or join the military. This term does not cover where a child lives, which is decided separately and is referred to as “physical placement.”

Who will get custody of your child?

The primary objective of family courts in Wisconsin is to find the best custody solution for the child or children. Before going to court, parents should take the opportunity to try and come to an agreement on their own or with the help of attorneys in a mediation process. If these solutions do not work, the child custody case will need to be heard and decided upon in court.

The court considers many factors when deciding custody, including:

• The age of the child
• The living situation of each parent
• The relationship between the child and each parent
• The preference of the child in regards to living arrangement
• The mental and bodily health of each parent
• What arrangement will provide for stability and consistency
• The willingness of each parent to co-parent cooperatively
• Past violence or substance abuse

A major part of any child custody arrangement is the creation of a parenting plan. This is an outline of care agreed upon by both parents and becomes legally binding through a court order.

What is the difference between joint and sole child custody?

Joint legal custody gives both parents the right to make major decisions on behalf of and concerning their children. These decisions must be agreed upon with both parents getting an equal say in the final decision. Joint legal custody is the presumed outcome of any custody case unless there are outstanding circumstances, such as a history of violence, or if the parents come to a different agreement.

Sole legal custody gives only one parent the right to make major decisions concerning the child.

Depending on the circumstances, the court may decide that one parent is allowed to make decisions around certain issues, such as education.

How does child custody work if the parents are unmarried?

Custody law in Wisconsin remains the same whether the parents are married or unmarried. Both parents retain equal right to make major decisions about the child unless otherwise ordered by the court.

If child paternity is in question, certain procedures need to be followed to determine custody. The father can sign an acknowledgment of paternity with the agreement of the mother or, if the mother contests paternity, can petition the court for a DNA test.

Child custody law is extremely complex and every family’s situation is different. By seeking the help of an attorney experienced in family law, you can ensure the best custody outcome for you and your child.

Another element of custody law is that it can quickly become heated and emotional – there is just so much at stake. If parents can’t come to an agreement, the court process can become stressful for everyone involved, including the child or children. Having an experienced advocate on your side will make the whole process easier, and I do everything I can to ensure the best interests of the child are met.

At Ohiku Law, my top priority is to be there for my clients. I am proud to serve families in Milwaukee and surrounding communities with expert family law and divorce law services. Don’t spend another day confused or stressed about your situation – give me a call to get started today.