Divorce cases would necessarily include settlements on legal issues concerning child custody and child support. Most often, the parties enter into a written agreement involving the said subject matters. This extra-judicial remedy is resorted to in order to avoid court litigation which is usually time consuming and requires high fees or costs. However, there are some parties who really go before the courts to settle the legal questions on who should have custody over the child of the first marriage or as to who is liable for the payment of child support.
In these two types of settling the legal matters, there is a need for the parties and the judge hearing the case to observe the “best interest of the child” rule. This means that every stipulation in the written agreement or every part of the court decision must be made in consideration of the facts which would best promote or preserve the interests of the child involved.
Hence, the wishes of a child are given a considerable weight by the court where the case is pending or by the parties during the negotiation stage of the compromise agreement. Nonetheless, the wishes of the said child will not be the final word in court litigation. It is still up to the court whether or not it will follow the former's wishes.
If you are the party filing the case for child support and child custody, there is a burden of proof on your part to show your entitlement to the claims. It is mandatory on your part to present the necessary object, testimonial and documentary evidence to convince the court that you should be declared the custodial parent or that the other party should be the one made liable for the child support. In any case, the other spouse may also be required by the court to present his or her own evidence to rebut any allegation that you may raise in your pleading.
Whether you have decided to enter into a written agreement with the other party or to adjudicate the case in court, the assistance of a Milwaukee family lawyers is highly recommended. The said attorney will be able to protect your interests in settling the legal issues at hand. He or she will take care of all the steps that must be taken in order to get the results that you want. Constant communication with your chosen legal counsel can place you in a better situation.