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Of all the issues prone to come up during a divorce, very few cause as much anxiety and confusion as child custody arrangements. After all, the outcome of a custody dispute can shape the relationship between you and your children for the rest of your lives. Below are answers to some questions you might have if you are involved in a child custody dispute.

4 Answers to Common Child Custody Questions

How Do the Courts Make Custody Decisions?

child custodyEvery court decision is made with the best interests of the child in mind. To discover what this decision should be, the court weighs a variety of factors, including the living situation each parent can provide. This also includes consideration of the child’s age, the strength of their existing relationships with family and friends, and any special needs they may have.

At What Age Can My Child Decide for Themselves?

In some states, children above a certain age can decide which parent they would like to live with while others do not take their desires into account. In both Minnesota and Wisconsin,  the courts may consider a child’s wishes as one of many factors when making their custody determination, if the court determines that the child is of sufficient age and maturity to express a reasonable independent preference.

What Is Joint Custody?

In general, courts prefer to award joint legal custody to preserve existing relationships and protect the rights of both parents. In a joint legal custody arrangement, the child may spend the majority of their time with one parent, but the non-custodial parent still has a say in major decisions, like health care, religious upbringing, and education.

Do Child Custody Disputes Always End Up in Court?

While a judge can decide for you if you are unable to come up with a suitable arrangement, it is always better to negotiate these matters between yourselves. In fact, the vast majority of child custody disputes are settled in private negotiations with the help of a good attorney.

 

For over 25 years, the legal team at Guillien Van Nuland, LLC has providing compassionate, effective legal counsel to families throughout Monroe, Vernon, Trempealeau, Juneau, and Buffalo counties in Wisconsin, as well as Minnesota’s Houston and Winona counties. If you’re involved in a child custody dispute, visit the website to find out how they can help, or call (608) 782-4411 to discuss your case with a lawyer.

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