Understanding The Procedure For Child Custody 

A divorce can have many consequences, especially for the children of the separating couple. Deciding on who gets custody of the child is a big decision. There are a lot of factors that are taken into account to determine custody. If you are going through a divorce and are fighting for custody, one of the best things you can do is get an experienced Milwaukee divorce attorney on your side. 

What are the child custody laws in your state? 

If you are fighting for child custody, one of the very first things you need to know is what the laws are in your state. Divorce laws and child custody laws differ from state to state. All states would put the child’s best interest above everything else, but it would still help you avoid many pitfalls if you have a good idea of the laws and policies in your residence. Talking to an attorney can benefit you as they can help you get acquainted with the laws and give you legal advice based on your case. 

What is the most common type of child custody? 

The most common type of child custody arrangement in the United States is joint custody. Joint custody is where both parents share custody of the children and legal and financial responsibilities. Both parents are equally involved in making decisions for the child. 

How are the decisions made? 

Many essential factors are considered when deciding who gets custody of the child or the children. However, these factors may vary depending on the type of case. 

  • Divorce cases 

Divorce cases are some of the most common types of child custody cases. If you are thinking of divorce or are in the process of divorce, you may wonder who will get custody of your children. This is usually determined in one of two ways: 

  1. The parents reach a mutual agreement regarding the custody 
  2. The judge decides who gets custody .
  • Unmarried parents 

Unmarried parents need to be legally determined as parents for their parental rights to be recognized. The court may decide to take a DNA test to confirm this. The court may take several factors into account when determining who will get custody, such as: 

  • History of abuse 
  • If the extended family is available 
  • The stability of the child’s welfare 
  • The child’s needs 
  • The child’s preferences 
  • Non-parental custody 

In some cases, custody is given to people who are not the child’s parents. This may include grandparents, stepparents, or other relatives. This is usually the case when both parents are deemed unfit for custody. 

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