You may have heard a Saint Paul law firm’s radio commercials advertising the law firm as advocating for “father’s rights”. The fact is that in Wisconsin, versus many other states, father’s truly do get an equal opportunity to equally parent their children.
In Wisconsin, father’s rights = mother’s rights. What this means in divorce, paternity, child placement, and visitation cases, is that the Judge is required to attempt to “maximize time with each parent”, which in most cases means awarding mom and dad equal time with their child/children.
Of course, equal placement is not automatically granted in every case as there are many factors for the Court to consider: alcohol or drug issues, mental health issues, the wishes of the children, work schedules, location of residences, how the children are performing in school & who helps the child with schoolwork, etc. However, if you have a fair-excellent mom & a fair-excellent dad, the Court will need to hear a really good reason as to why the Court should depart from granting equal time to each parent.
** Entries posted on this Blog shall not be deemed legal advice. For individual attention to your particular legal situation, consult an attorney.** Attorney Dan Murray helps individuals with divorce, custody, placement, and family-law matters in Minnesota and Western Wisconsin. Feel free to contact Dan at rodlibeskar.com
Tags: equal placement, equally parent, father's rights, mother's rights
Divorce and Family Law Weblog: Western Wisconsin 
May 25, 2011 at 1:02 pm |
I consider my wife mental health some how change after our daughters birth. She is suffering severe depressions, and wants now to live a wilder life like drinking, partying, and even different lovers to maybe cope with reality. I wouldnt qualify her as a bad mother, but she is too distracted. Many times I had to jump in abd protect my 2 year old from dangers.
I dont think I could get the custody, but can at least have her go to a psychologist to help her find herself? I am worry about the life she will expose mt daughter ans the guys I see her hanging with.
May 26, 2011 at 12:52 am |
Jon – a parent’s mental health is a statutory factor the Court must consider when determining legal custody and physical placement terms. If the guardian-ad-litem (GAL) has concerns about a parent’s mental health as that impacts upon the capacity to raise the child, then a psychological evaluation would likely be ordered. If the results of the psychological evaluation concluded that mental-health therapy or counseling is needed for the best interests of your daughter, then the mental-health therapy or counseling would typically be required.
** Entries posted on this Blog shall not be deemed legal advice. For individual attention to your particular legal situation, consult an attorney.** Attorney Dan Murray helping individuals with divorce, custody, placement, high-income and complex-property matters, and other family-law matters throughout Western Wisconsin and the Twin Cities eastern metro.