Married couples who have children together often have more incentive than other spouses to try to make their relationships work. Sometimes, despite their best efforts, parents realize that the best option available may be to file for divorce.
Occasionally, one parent reaches this conclusion on their own. Other times, discussions or attempts at couples counseling result in parents agreeing that they need to end their marriage. In scenarios where parents are on the cusp of divorce, there are certain special considerations that may influence the process ahead.
The three matters below are very important when parents prepare to divorce.
1. Securing joint legal custody
Many people who are unfamiliar with Wisconsin family law statutes may make the mistake of focusing solely on parenting time or physical custody. However, they also need to seek an allocation of legal custody or the power to make decisions about their children.
The courts often presume that joint legal custody is in the best interest of the children. Parents usually have to find a way to cooperate when making major decisions about their children after a divorce. There are exceptions in cases where parents have clear, evidence-backed concerns about challenges that could arise from sharing legal custody.
2. Determining what is in the children’s best interests
Whether parents try to settle their own custody matters or go to court, the focus should always be on the children. Under state statutes, judges settling parenting disputes always focus on the children’s well-being.
The ability of the parents to provide for the children, their prior relationship with the children, the stability of their current arrangements and even the preferences of older children can influence what the courts believe would be best for the children when their parents divorce.
3. Establishing a fair child support order
Financial support is often necessary to ensure that there is a reasonable standard of living at both households. When the courts establish child support orders, they look at multiple factors. The income of both parents and the breakdown of parenting time affect the amount of child support that the courts order.
Parents preparing to litigate or hoping to settle with one another need to consider all three of these issues carefully. Identifying key concerns early in child custody negotiations can help parents achieve the best possible outcome. Most parents have to share financial responsibility, parenting time and legal authority after a divorce.
