Divorce is one of the most complicated proceedings that the parties may have to go through. This case involves not only the dissolution of the marriage but also the separation of the properties of the spouses, the resolution of child custody and clarification as to the expenses for the rearing of the child. Lawyers in Milwaukee Wisconsin advise that when it comes to divorce, the most affected individual is the son or daughter. Whether you like it or not, you have to deal with the fact that the issue on your child custody will have to be resolved as you undergo divorce.
The legal issue concerning child custody may be subjected to a compromise agreement between the parties. Both the spouses can agree and settle on how they are going to deal with the custody over the person of their child. The most common arrangement is joint custody wherein the mother and father are given equal rights. In this type of settlement, the child gets to stay at the residence of any of the parents. Visitation rights may also be granted to one of them. Technically, whatever the agreement is between the parties, it will be the law between the two of them.
Another way of dealing with the issue on the custody of the child is through filing the appropriate action before the courts of law. Any of the party may file a petition in court praying that he or she be declared as the custodial parent of the child. This is a more complicated process since the judge will have to require the presentation of evidence from the petitioner or movant.
In a long line of cases ruled by the Supreme Court, the principle is that the child cannot get to decide who among his or her parents will he or she choose. While the child’s decision may be accorded respect, it is not controlling especially in court. You are already aware that the judge will issue an order based on the “best interests of the child” rule. Hence, the child’s choice will not really affect the judgment. What really matters is that the party who wants to be the custodial parent must show to the court that he or she deserves such grant.
Whether you are planning to enter into a settlement with your spouse or file a case in court for child custody, the first thing that you need to do is to talk to your lawyer. It is highly advisable that you ask for a legal counsel before taking any step. The issue on child custody is a serious matter and you have to be careful in all your actions.