Navigating a custody agreement can be one of the most challenging aspects of a divorce and it becomes more difficult if your ex-spouse refuses to cooperate.
However, courts prioritize the best interests of the child, so you have several options if you find yourself in this difficult situation.
Mediation
Mediation is often the first step for resolving custody disputes in Wisconsin. A neutral third party facilitates discussions between you and your ex-spouse to reach an agreement. Mediation can be less adversarial and more cost-effective than going to court.
Collaborative law
Collaborative law encourages both parties and their attorneys to resolve custody issues outside the court. In this process, everyone works together to negotiate a mutually acceptable agreement. If an agreement doesn’t reach a common conclusion, the case goes to court.
Court intervention
You may need to go to court if mediation and collaborative law fail. Here you can file a motion to have the court decide the custody arrangement. The judge will consider various factors to determine what is in the child’s best interest.
Custody evaluation
The court may order a custody evaluation, where a professional evaluator assesses each parent’s home environment and parenting abilities. The evaluator then makes a recommendation to the court, which can heavily influence the judge’s final decision.
Temporary orders
While awaiting a final decision, you can request temporary orders from the court to establish a provisional custody arrangement. This ensures there is a clear and enforceable plan in place during the divorce proceedings.
Dealing with an uncooperative ex-spouse in a custody dispute can be stressful and emotionally draining. However, when you understand the different options available, it makes things easier to handle.
