In Wisconsin, parents must follow every legal avenue possible to acquire child custody. During a divorce case, the couple must determine the most suitable custody arrangement for their child. If they are unable to make this decision on their own, a judge can take action through a divorce trial. The following are FAQs about child custody that a Child Custody Lawyer in Green Bay WI can answer.
How is Child Custody Arrangements Determined?
First, it is a decision that the petitioner or both parties determine. If the defendant doesn’t answer the divorce summons, the petitioner can acquire custody based on this failure to respond. If a divorce trial is necessary, the judge and jury assess each party based on who can provide the most appropriate living conditions and provide adequate support.
Can a Father Acquire Custody or Visitation After Discovering a Pregnancy After A Divorce?
Yes, while the wife is required by law to disclose a pregnancy during the divorce, some parties may choose to violate this law. When this happens, the father is within his rights to file a paternity suit to determine if the child is their biological child. These cases don’t typically begin until the child is born. If the DNA testing identifies him as the father, he has the right to file for custody or visitation rights.
Can Either Parent Petition the Court for Custody After the Initial Proceedings?
Yes, te court advises any non-custodial parents who wish to refile for custody to wait at least one year. They can, however, file a motion if the child is at risk. If they have evidence that shows abuse or neglect, they can file for emergency custody. This can provide them with custody for one year pending a new hearing.
In Wisconsin, all parents have the right to petition the court for custody of their biological child. During divorce proceedings, these petitioners must provide adequate evidence to claim that their spouse is unfit to raise their child. This evidence cannot leave any room for error. Petitioners who need help in these matters contact a Child Custody Lawyer in Green Bay WI directly or Click Here for additional information.
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