Let's Talk About Custody Disputes In Wisconsin
Things between you and your ex can become more complicated after the divorce. There are many things that both of you have to deal as a consequence of the separation. One of which is making arrangements for the custody and placement of the children from the said marriage.
The parents can agree on the said matters without the intervention of the court. When there is failure to come up with an agreement, either or both of them can seek for the aid of the courts. In fact, there are many custody disputes in Wisconsin that are pending with the Family Court.
In deciding cases involving the rights and interests of the kids, the judge must apply best interests of the child rule. Under this doctrine, the resolutions, judgments or decisions of the Family Court judge must be one that will best promote the well being of the kids involved. It must not prejudice any of his or her rights.
Moreover, the resolution of the court must seek to promote the welfare of the kids at all times. This can be done by taking into consideration the different factual circumstances of each case.
The testimonies of the child as to their preferences in custody and living arrangements with their parents may be admissible in court. The judge may interview the child privately in the court sala or in a private room to respect the latter’s right to privacy.
However, the answers of the child shall not be controlling in the said case. Rather, the said testimonies will only be used as a guide for the court which must be examined together with the other evidence presented by the parties.
If you are a party to a case with custody as the main issue, make sure that you constantly communicate with your lawyer. It is important that you keep yourself updated with all the things happening in your case. Always check with your lawyer for the compliance of all substantive and remedial laws.
At the same time, take note of all pleadings and motions filed in court. Take note that negligence of a lawyer may also be considered as the negligence of the client. When this happens, your rights and interests may not be promoted or may be compromised during trial.
This is why it is important to hire an effective and efficient attorney to handle your case.