Child Custody FAQs | Child Custody Questions
Child Custody Questions AnsweredChild custody cases often initially create more questions than answers. Parents and guardians are eager to understand the nuances and legalities involved in such cases and how to best position themselves and protect their children’s interests as the case progresses. The Eisenberg Law Offices family law attorneys have compiled a few of the more common questions and concerns parents have when it comes to Wisconsin custody situations. Read through the questions and answers below to get a better idea of what to expect during a custody case and then contact our team with follow-up questions. Common Custody FAQs
- How Long Should I Remain In The Family Home? In general, it is best to remain in the family home with the children until you have been ordered to move out. This assumes that it is safe for you and the children to remain there and that there isn’t a history of domestic violence. Willingly leaving the children with your spouse and moving from the family home during a custody dispute can be interpreted as a lack of commitment to your children, which can hurt your chances of receiving the custody order you’ve requested.
- Do Wisconsin Courts Prefer Mothers Over Fathers When Deciding Custody Cases? Historically, courts do seem to favor mothers over fathers when making custody and placement decisions. However, no state laws demand that mothers be favored over fathers. The situation is changing. Courts are increasingly awarding fathers more placement with their children as society demands equal consideration for both parents.
- Are There Advantages To Joint Custody and Shared Physical Placement? There is quite a bit of research that suggests joint custody and shared physical placement has fewer negative impacts on children than sole custody with limited visitation. When children can see both parents regularly, they are better equipped to adapt to the changes divorce brings to their lives and retain a sense of family. Unless there are strong reasons for you to seek sole custody and primary placement, it is almost always better for the children if the parents agree to joint custody and shared physical placement .
- Does The Primary Child Custodian Also Receive Maintenance? In most situations, the primary custodian will receive child support to help pay for the costs associated with raising the child. However, child support and maintenance are two different things. Maintenance is meant to help ex-spouses pay for costs not associated with the child. That means maintenance and child support cases will need to be made separately and will be awarded or denied separately.