Wisconsin Family Law: Breaking Down The Differences In Legal And Physical Custody

It’s no secret that going through a divorce can prove a difficult time for any couple; however, the tension and stress seems to increase exponentially when children are part of the breakup. A major concern for parents navigating through the Wisconsin family law terrain: Child custody.

Eisenberg Law Offices: Experienced Wisconsin Family Law Attorneys

Here at Eisenberg Law Offices, as an advocate for Wisconsin family law, we help our clients understand everything they need to know about their child custody situation. One major component that we help explain is the difference between legal and physical custody.

According to Wisconsin family law, legal custody refers to the responsibility for making the major decisions in your children’s lives. Where they will go to school, what kind of medical treatment they will receive and even what religion they will be raised with are just some of the many choices you will make for your children as they grow up. Because legal custody brings with it major parenting responsibilities, family law judges will often do their best to ensure that both parents share legal custody of their children. Shared legal custody means that both parents will continue to make decisions together for the benefit and well being of their children.

While the judicial system strives to give both parents equal footing when raising children, it’s not uncommon for former spouses to fight for sole legal custody. A judge may award sole legal custody to one parent based on a myriad of reasons. Having one parent living a great distance away, demonstrating a history of abuse, or neglecting a child’s needs can all result in legal custody being awarded to only one parent.

Physical custody refers to where the children regularly spend their time. Being granted legal custody does not automatically mean having sole or primary physical custody. The Wisconsin family law system endeavors to award parents comparable amounts of time with their children whenever possible. If co-parents live next to each other and have formed an amicable relationship, joint physical custody may prove a perfect solution. Joint physical custody doesn’t have to mean a 50/50 time split, but it can grant both parents almost equal time with their children.

Still have questions about Wisconsin family law? Let the team at Eisenberg Law Offices give you the information you need. Contact us today for a free consultation.