The issue on child custody can be made subject to a settlement or agreement between you and your spouse. Upon the divorce, you can talk to your partner and discuss the terms on the custody of your son or daughter. This is the most recommended way of settling the issue in order to avoid court litigation and other legal aspects involving the petition for declaration as custodial parent, according to attorneys in Milwaukee WI. In cases where both of you cannot agree on certain matters, you have no choice but to avail of a judicial remedy. You can hire the services of a lawyer who can assist you in filing the proper petition in court. Under the current laws, you can include the prayer for child custody in the main divorce case or file a separate petition.
As already discussed in various Supreme Court decisions, the best interest of the child is always taken into consideration. The court will decide depending on the availing facts and circumstances of the case. In so doing, it will look into the characteristics of the parents and their history in rearing the child. As a general rule, both parents have equal rights over the custody of their child. However, the judge may grant the custodial rights to only one of them if it is proven that there is a history of violence and harm inflicted on the child by the other parent.
If you are the party who wants to have a sole custody over the child, you need to present various object and documentary evidence to show that you are entitled to be declared as the sole custodial parent. For a guaranteed win, you can bring third parties before the court who can testify that you are capable of raising your child on your own. These potential witnesses include relatives, schoolteachers, neighbors and other friends. You are also allowed to present proof of the incapability of the other spouse to take good care of your child. You can also show that your partner has a habit of being spendthrift and intoxicated at all times. All these must be alleged in your affidavit and proven during the hearing of the case.
At the same time, there is a need for you to prepare for the interview to be conducted by the custody evaluator. Make sure to be honest and truthful in all your answers. The said evaluator will not only observe the way you answer all the questions but also the manner you interact with your child.