Your Voice In Life's Uncertain Times

Should you worry about custody or visitation in a divorce?

On Behalf of | Nov 1, 2023 | Blog, Family Law |

Child custody and visitation issues can be a major source of concern for parents undergoing divorce in Wisconsin. However, state law places a strong emphasis on the best interests of the child for custody and visitation arrangements.

Often, this means maintaining a meaningful relationship with both parents. This focus on the child’s well-being may alleviate the worries of parents about the impact of divorce on their children.

Types of custody

Children younger than 18 make up about 21.7% of the population in Wisconsin, and many of these kids have divorced parents worried about custody. The state has two primary types of custody: legal custody and physical custody. Legal custody refers to the authority to make important decisions about the child’s upbringing, such as education, health care and religious matters.

Physical custody, on the other hand, determines where the child will reside. Courts may award joint or sole custody in both legal and physical aspects, depending on the specific circumstances.

Visitation rights

Visitation, or parenting time, is another aspect of child custody arrangements. In cases where one parent gets sole physical custody, the other parent typically receives reasonable visitation rights. The court will often encourage a structured visitation schedule that ensures the child maintains a relationship with both parents.

Mediation and settlements

Wisconsin encourages parents to work together to reach mutually acceptable custody and visitation agreements. Mediation and negotiation can be effective ways to resolve these issues outside of the courtroom. By coming to a consensus, parents can retain more control over the final arrangements, which can alleviate concerns about contentious legal battles.

Modification and enforcement

Custody and visitation arrangements are not set in stone. In cases where circumstances change, such as a parent relocating or a significant change in a child’s needs, modifications may be necessary. Additionally, if one parent fails to comply with arrangements, the court can enforce the order to ensure the child’s well-being.


Ultimately, by focusing on the child’s best interests and actively seeking solutions, parents can mitigate their worries and ensure a stable and nurturing environment for their children post-divorce.



RSS Feed

FindLaw Network