Child Custody & Visitation

Green Bay, Wisconsin - Child Custody & Placement Attorneys

When a couple has children, and the couple gets a divorce or the relationship ends, an arrangement is made regarding the custody and placement of the children.  However, as people's lives and schedules change, these custody or placement arrangements sometimes need to change as well.  If a couple cannot agree on an arrangement themselves, they will need to go to court to have an appropriate arrangement decided.  When your children are involved, hiring an experienced attorney to help you through this process is very important.  The attorneys at Schwitzer Simon, LLC have the experience necessary to help you through this emotional time.  Our attorneys will explain all of your rights to you and will take the time to listen to what you want for your future and the future of your child(ren).

Selecting the right attorney is very important.  there are some attorneys who do not return telephone calls in a timely manner and make you wait in their lobby, even when you have an appointment.  Our attorneys take each case very seriously and treat each of our clients with the respect and attention that they deserve.  We will carefully evaluate your case with you to decide which option is best suited for you.  Contact us for a free consultation.

Child Custody

The legal term "child custody" refers to the rights and responsibilities of one or both parents to make major decisions concerning the child.  These decisions do not typically include day-to-day decisions, such as a child's bed time, but involved such decisions as consent to marry prior to turning 18 years of age, consent to enter the military prior to turning 18 years of age, authorization for non-emergency health care, choice of school, and religious affiliations, to name a few.  A court will typically enter an order granting joint-legal custody to each parent unless there are serious circumstances which would merit the granting of sole legal custody to one parent.

Child Placement

The physical placement of a child deals with which parent the child will live with and what type of placement schedule can be agreed upon.  If the parties cannot agree on a physical placement schedule, or who may be granted primary physical placement, then the court will usually order that a Guardian ad Litem be appointed to investigate this issue and make a recommendation to the court.  A Guardian ad Litem (GAL) is an attorney who has specific training and experience concerning what is in a child's best interest.  Attorney Todd Simon is a former Guardian ad Litem, and has extensive experience dealing with attorneys who serve as GAL's.  Some of the relevant factors that a Guardian ad Litem and the court will consider when making a determination on child placement are:

1. The interaction and interrelationship of the child with his or her parents, siblings, and any other person who may significantly affect the child's best interest.
2. The amount and quality time that each parent has spent with the child in the past, any necessary changes to the parents' custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future.
3. The child's adjustment to home, school, religion and community.
4. The age of the child and the child's developmental and educational needs at different ages.
5. Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child's intellectual, physical, or emotional well-being.
6. The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child.
7. The availability of public or private child care services.
8. Whether there is evidence that a party engaged in some type of abuse of the child, as defined by Wisconsin Statutes.
9. Whether either party has or had a significant problem with alcohol or drugs abuse.

These are just some of the factors that a Guardian ad Litem and the court will consider when making a determination regarding the legal custody and physical placement of children.  If you feel that a change in the custody or placement arrangment of your children is necessary, or if another party is trying to make changes that you do not agree with, please feel free to contact us for a free consultation.