Best Interest Of The Child
The Best Interest of the Child Statute will be applied to each parent and the life and schedule that parent will be able to provide to the child going forward. The court wants stability for kids. “No roller coasters,” says Attorney Kinsler.
Best Interest Of The Child
Attorney Toby Kinsler, sits with Anthony Karls and explains how the Wisconsin courts, attorneys and Guardian ad Litem will determine what is the Best Interest of the Child when it comes to determining custody and placement. Attorney Kinsler explains the Best Interest of The Child statute.
The Best Interest of the Child Statute will be applied to each parent. The day to day logistics of your schedule versus the schedule of your child will be considered. If you were to raise the child all on your own once the households are divided, will you be able to do it. Can you get her to school, and get to work yourself? Do you have support in place that can help you? The court will make a logistical analysis in its determination.
“What people often forget when they are married is that they are doing this together. In the future they will be doing this on their own,” explains Attorney Kinsler. “What adjustments can you make to support you doing this independently?”
Best Interest of The Child: Other Considerations
- The desires and wishes of the child as communicated through the Guardian ad Litem.
- The interaction and interrelationship of the child with her parents.
- The amount of quality time that child has spent with each parent. Is a parent an actual caretaker and part of the child’s life.
- How much will the child have to adjust to a brand new life.
- The court will also look at trouble behavior by a parent such as substance abuse or domestic violence when determining the Best Interest of the Child.
The court will look to keep the status quo if the child is doing well, and conversely they may look to disrupt the child’s life and routine if the child isn’t doing well. The quality of life, safety and well being of the child is what is going to matter to the courts. The gender and age of the child isn’t going to matter that much, if at all.
The court will look to establish regular and consistent periods of placement to establish meaningful time with a parent and stability. The court wants stability for kids. “No roller coasters,” says Attorney Kinsler.
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Wisconsin is a single party, no fault state. So long as one party testifies that the marriage is irrevocably broken, that is all the courts need to move forward. If a party doesn’t participate in the process of the divorce, the divorce can become a default divorce.
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