What is Child Custody?
If you were to get a divorce, custody of your child is likely one of the main issues that will be discussed. Child custody is the legal term for responsibility for raising a child after the parents have separated or divorced. Custody arrangements typically cover where children live and with whom they spend time, who has their medical care, and the visitation schedule. The term legal custody refers to who has the authority to make decisions for the benefit of a child’s welfare.
In most cases, both parents are awarded joint legal custody and joint physical custody – that is, both parents are recognized as having the right to be involved in making major decisions about their child’s health, education, and welfare. This is often referred to as shared parenting or co-parenting. Many families also share responsibility for the day-to-day care of a child by dividing up time spent with the child into “visitation” with each parent. You can consult an experienced Wisconsin family law attorney to know more options for child custody in Wisconsin.
For now, we will see into two main types of child custody in Wisconsin.
- Sole Custody
Sole custody means that one parent is the custodian of the child and the other parent is permitted to see the child usually on an irregular, not necessarily daily basis. The right to directly control all activities, including the educational and religious upbringing of a minor or children do not extend to the other parent unless they have been granted visitation by a court.
The custodial parent has sole legal custody of a minor or children and has full power to make decisions regarding their religious and educational upbringing. The noncustodial parent can gain legal custody if they bring issues that concern their children’s welfare in front of a court.
- Joint Custody
Joint custody is a shared legal custody arrangement between both parents. In many states, such as Wisconsin, the legal concept of joint custody can be interpreted to mean that both parents have an equal right to make decisions for the child without interference. Joint custody may also mean sharing decision-making on a wide variety of issues and problems that concern the children.
Under joint custody, each parent is active in their child’s life, including decisions on religious and educational matters. Both parents get to share decision-making about the child’s welfare. Joint custody allows parents to share their parental responsibilities and work together to raise their children. This allows the children to have a strong bond with both parents.
Any person, including a relative or friend, interested in becoming a guardian must apply to the court under the provisions of the GWA for being appointed as a guardian; he is not bound to wait until his legal title or fitness to act as guardian is disputed by another person. The procedure for such an application is stated in section 10 of the GWA, and no order should be made unless notice of the application is given to persons interested in the minor.
During the court proceedings, the court exercises parental jurisdiction over the child. The court is also empowered to give temporary custody and order protection of the person and property of the minor during the maintenance of the case.
While appointing a guardian, the court must have regard to the welfare of the minor which covers factors such as the age, sex, and the child’s religion, the character and capacity of the proposed guardian and his nearness to the child; the wishes, if any, of the deceased parents, and any existing or previous relations of the proposed guardian with the minor or his or her property; and if the child is old enough to form an intelligent preference, then such preference should also be considered.
