Divorce · Custody and visitation
Compassionate guidance on custody and placement
Nothing in a family case matters more. We advocate for your rights and for what keeps your children steady.
Something you can rely on
Family matters involving children are emotionally punishing. We know the stress and uncertainty you are carrying, and our job is to be the steady part.
We serve families across southeastern Wisconsin, including the Milwaukee and Waukesha metro areas. Attorney Brittany Klaus Crothers has 17+ years of experience in family law and custody matters.
How Wisconsin custody works
Wisconsin recognizes two distinct things that people often blur together:
- Joint physical custody: both parents share physical custody
- Sole physical custody: one parent has primary physical custody
- Split custody: each parent has physical custody of one or more children
Common arrangements
Physical custody
Where the child lives, and which parent the child resides with.
Legal custody
The right to make major decisions about the child's life, including education, health care and religious upbringing.
What factors affect a custody decision
Wisconsin judges decide custody on the best interests of the child. That standard takes in a range of factors, such as:
- The child's wishes, if the child is mature enough to express them
- Each parent's ability to provide for the child's needs
- The child's relationship with each parent, siblings and other relatives
- Any history of domestic violence, substance abuse or mental illness
The role of a guardian ad litem
In many contested custody cases, the court appoints a guardian ad litem (GAL). The GAL is a neutral attorney who represents the child's best interests, not either parent's wishes.
A GAL usually:
- Investigates the home environment and family dynamics
- Interviews parents, children, teachers and other relevant people
- Reviews school, medical and social service records
- Submits a written report with recommendations on custody and visitation
Changing a custody order
Wisconsin sets a high bar for modifications in the first two years after judgment. In that window, you must show the child would face physical or emotional harm if the order stayed as is.
After two years, courts apply a more flexible substantial change in circumstances standard, considering things like relocation, changed work schedules or the child's evolving needs.
A few points worth knowing:
- Evidence must show the change benefits the child's welfare
- Temporary changes can be requested while the petition is pending
- Courts weigh each parent's involvement and stability
Temporary orders and the status quo
Divorce proceedings can run for months. During that time the court can issue temporary orders covering custody, visitation, child support and use of marital property.
Establishing a workable status quo early can influence the final outcome, because it keeps children in a consistent environment while the case proceeds. Temporary orders often address:
- Living arrangements and placement schedules
- Financial support obligations, including child support or maintenance
- Guidelines on property use or relocation
Can I relocate with my child?
Relocation means moving a certain distance away, including out of state. You typically need the other parent's permission.
If they do not consent, you must ask the court, which will again decide based on the child's best interests. Do not move first and ask later.
Get custody guidance you can rely on
Call 414-519-6255 or send a message to schedule a free consultation.