why wiuld lawyer want to use wi fcs custody study in lui of court

How is child custody determined in Wisconsin?

Custody - The legal right to take care of and make major decisions concerning a child. Sole Custody - One parent has custody. Joint Custody - Both parents have custody. Placement - Period of time a child spends in the care of a parent. Primary Placement - Where the child lives most of the time. Shared-Placement - The child lives with each ...

What does it mean to have sole custody in Wisconsin?

In Wisconsin, custody refers to decision-making authority, and it is most common for custody to be held jointly between the parents. Pursuant to statute, the court is required to presume that joint legal custody is in the best interest of the children. It is in the present best interest of the minor children of the marriage for the parents to ...

Why are custody and placement orders very fact specific?

Dec 13, 2018 · Domestic Abuse: Little Impact on Child Custody and Placement. A recent review of several years' family court orders in 20 Wisconsin counties confirmed many lawyers' suspicion. The statutory presumption regarding the effect of domestic abuse findings on child custody and placement orders is not impacting outcomes in many cases.

Can a court order a custody study to determine custody?

Although Wisconsin law favors parents being equally involved in their children's lives, there can be situations in which one parent will have less decision-making authority or time with the children than the other parent. Here are some of the reasons why a court might grant sole custody or primary placement to one parent: Wisconsin Legal Custody

What is a custody study Wisconsin?

Can you change custody agreement without going to court in Wisconsin?

What does FCS stand for in court?

What is child custody assessment?

What are fathers rights in Wisconsin?

At what age can a child refuse visitation in Wisconsin?

What is a FCS report?

What is FCS number?

What does it mean if a case is referred?

What is the primary focus of a child custody evaluation?

What is a PPA in family law?

How do you prepare for parental responsibility evaluation?

Who Will Get Custody of Our Child?

In Wisconsin, custody refers to decision-making authority, and it is most common for custody to be held jointly between the parents. Pursuant to st...

What Is Joint Custody? What Is Sole Custody?

In Wisconsin, joint custody means the condition under which both parties share legal custody and where neither parent’s legal custody rights are su...

If Both Parents Share Custody Does Anyone Pay Child Support?

The child support order, and whether one should be issued, depends on the actual placement schedule and each parent’s income.In Wisconsin, the Depa...

When Can My Child Decide Which Parent to Live with?

In Wisconsin, the child must be emancipated in order to independently decide where he or she wants to live; this usually occurs when the child turn...

Do Grandparents Have Custody and Visitation Rights?

Grandparents have custody and visitation rights, but they are not usually a consideration in most divorce cases. In order to award custody to a rel...

What Is A Parenting Plan, and Do I Need One?

A parenting plan is a document that sets forth what one parent is seeking from the court. It provides information about what custody and placement...

If My Separation Agreement Includes Custody/Support Can It Be Included in The Divorce Decree?

The final orders on custody and placement, whether they are by agreement or determined by the court following a hearing, will be included and adopt...

What Can I Expect from Temporary Orders?

Temporary orders are issued at a first hearing before a family court commissioner. The commissioner will want to know what issues are contested and...

When Will Child Custody Be decided?

The custody and placement order will be finalized either when the parties reach an agreement or following a trial. Prior to trial, the Guardian ad...

When Can I Modify Custody?

The standard to modify custody and placement orders is different depending on whether two years have elapsed from the entry of the judgment. The fi...

What is joint custody in Wisconsin?

In Wisconsin, joint custody means the condition under which both parties share legal custody and where neither parent’s legal custody rights are superior. The parties are required to consult and attempt to reach agreement with respect to major decisions affecting the lives of the minor children.

What is placement in custody?

Placement means the right of a parent to have the child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made under the custody designation.

How to calculate child support?

If the parents have a shared placement schedule, the court utilizes a shared placement formula. The shared-placement formula assumes that both parents assume the child’s basic support costs in proportion to the time that the parent has placement of the child. The steps to calculate the potential child support award follow: 1 Each parent’s gross monthly income is multiplied by the appropriate percentage standard, 17% for one child. 2 Each amount is then multiplied by 150% to account for household maintenance expenditures duplicated by both parents such as a bedroom, clothes, and personal items. 3 Then each amount is multiplied by the proportion of the time that the child spends with the other parent to determine each parent’s child support obligation (If placement is equal, each side is multiplied by 50%. If placement is 60% with the mother and 40% with the father, then multiply the father’s amount by 60% and the mother’s by 40%). 4 Offset the resulting amounts against each other. The parent with a greater child support obligation is the payer.

How much child support is required in Wisconsin?

The standard child support order for one child is 17% of a parent’s gross income if that parent has placement less than 25% of the time, specifically less than 92 overnights per year.

What is visitation in Wisconsin?

In Wisconsin, visitation, or physical placement, means the right of a parent to have the child physically placed with that party. That parent also has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made under the custody designation.

Is joint custody in the best interest of the children?

Pursuant to statute, the court is required to presume that joint legal custody is in the best interest of the children. It is in the present best interest of the minor children of the marriage for the parents to have joint legal custody if both parents are fit and proper persons to have joint legal custody.

What is sole legal custody?

Sole legal custody is the condition under which one party has legal custody, or sole authority, to make decisions.

When did Wisconsin legalize joint custody?

1 After the passage of 1999 Wis. Act 9, the statutes directed courts to nominally consider the best interests of the child when awarding legal custody; however, the newly passed legislation also created a presumption that “joint legal custody is in the best interests of the child.” 2

What is the most common order of custody?

Joint Custody is the Most Common Order. In cases in which serious, documented domestic abuse occurs, Act 130 is designed to keep the victim and their children safe by presuming that sole legal custody should be awarded to the victim. Even if most cases are resolved without a domestic abuse finding, one would expect Act 130 to affect custody and placement outcomes as parties negotiate settlements.

What is legal custody in Wisconsin?

In Wisconsin, the term legal custody refers to a parent's decision-making authority for their child. A parent's custodial rights allow them to make choices about issues such as where their child attends school, non-emergency medical treatment, what religion might be practiced, whether they can get a cell phone, and other issues that are necessary for the child’s ongoing daily care.

Do Wisconsin courts have joint custody?

Generally, Wisconsin courts prefer that parents share joint legal custody and have frequent and ongoing contact with their children. However, not every situation allows for this result and it is critical that you discuss your situation with an experienced family law attorney.

What is physical placement in Wisconsin?

Physical placement in Wisconsin refers to the time period a parent has their child with them under their care. Under ordinary circumstances, Wisconsin law requires the court to set a shared placement schedule that allows children “to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes the amount of time the child [ren] may spend with each parent, taking into account geographic separation and accommodations for different households.” However, just as with legal custody, there can be exceptions that warrant allowing one parent to have a child with them for the majority of the time. This is called primary placement.

What is shared placement?

Generally, primary placement is when the child lives with one parent most of the time, and shared placement refers to when a child resides with each parent at least 25% of the time. There can also be equal placement, wherein parents share time with their children in a schedule that is closer to 50/50.

Can a child be placed with both parents in Wisconsin?

In Wisconsin, the law provides that a child is entitled to physical placement with both parents unless, after a hearing, the court finds that placement with a parent would endanger his or her physical, mental, or emotional health. If a finding such as this is made regarding a parent, the other parent will most likely be the child's primary placement, and there will probably be restrictions on what, if any, contact, the endangering parent may have with the child in the future.

What happens when parents divorce?

When parents divorce or are no longer together, they can enter into agreements regarding how they will share decision-making and time with their kids, or a court can decide for them.

What Is a Forensic Psychologist?

It is essential to first understand that forensic psychologists and clinical psychologists are different. They have different methods and different ways of approaching the gathering of data, they use different analytic processes, and the purpose and aim of their work are fundamentally different.

The Testifying Forensic Psychology Consultant

In the child custody matter, the forensic psychology consultant can be used in one of two broad roles, but not both. The first role is as a testifying expert. You’re probably familiar with this role.

Addressing the Custody Evaluation and the Legal Framework of Expert Opinions

What constitutes an expert opinion? Turning to the Federal Rules of Evidence, Rule 702, likely to be followed in verbatim or close to exact language by state rules of evidence, an expert is described as the following:

What is Custody in Wisconsin?

Custody is the determination of legal decision making for the Minor Child. This can be either joint custody or sole custody meaning that both parents may be able to make decisions or only one parent will make all major decisions.

What is the Difference Between Custody and Placement?

Placement is the determination of where the child lives and how often. A placement is related to where the child sleep each day and custody is again related to who makes the decision for the minor child. Both placement and custody can be joint or shared between the parents or sole if the Court deems that appropriate.

Can Parents Come to an Agreement Outside of Court related to Custody and Placement?

Yes, and it is preferred that the parents come to an arrangement on their own. The parents are generally in the best position to make the determination for what is best for their child. If they are unable to reach an agreement, the Court can and will intervene.

What happens if the Parents Cannot Reach a Placement Agreement?

If the parents cannot reach an agreement, the Court will hold a hearing on the matter and determine the custody arrangement and placement for the minor child after hearing all the evidence from the parents.

What Factors Does the Court Use in Determining Custody and Placement?

In making a determination for custody and placement, the Court will apply the following factors:

Does the Court Still Apply the Tender Years Doctrine?

No, the tender years doctrine is not still in effect. This doctrine was the belief that all children should remain with their mother during their formative years and that fathers were not a crucial to the development and well being of the child.

What is the Standard the Court Applies in Making The Final Determination?

The Court uses the standard of best interest for the Minor Child. This is the overriding concern that the Court will consider when making any determination related to the child.

Study Process

New Counselor: If you had mediation, a different counselor will be assigned to conduct the study unless the parents choose to keep the same counselor. The new counselor will not talk to the mediator nor read the mediator’s notes.

Study Results

Once all steps are completed, the counselor will make recommendations to the parents and the Court. The factors which the counselor must consider are set forth in section 767.41 (5) of the Wisconsin Statutes. When you receive recommendations, you will be asked to indicate whether you accept them or reject them.

Questions?

Please reach out to Dane County Family Court Services for more information.

How to prepare for a court trial?

The day of the trial 1 Dress like you're going to a job interview. 2 Bring copies of all your court paperwork. 3 Arrive early to allow yourself time to check in and find your courtroom. 4 Treat all court employees and the other parent with respect. 5 Only speak when you're asked to. 6 Take time to think before answering questions. 7 Avoid getting overly emotional.

What happens if you don't have an attorney?

If you have an attorney, they will question witnesses, present exhibits and speak to the judge or commissioner for you. If you don't have an attorney, you'll have to do all this yourself, plus give testimony without questions to prompt you.

What is the difference between legal custody and physical custody in Wisconsin?

In Wisconsin, there are two types of custody: legal custody and physical custody. Wisconsin defines legal custody as the decision-making authority of parents. Physical custody is where the child resides during everyday life as well as specific times like birthdays, holiday, ...

What are the two types of custody in Wisconsin?

In Wisconsin, there are two types of custody: legal custody and physical custody . Wisconsin defines legal custody as the decision-making authority of parents. Physical custody is where the child resides during everyday life as well as specific times like birthdays, holiday, and other special dates.

What is supervised visitation?

Supervised visitation rights are set up when it is determined by the court there is a potential risk for the child's safety when the child is in the care of the noncustodial parent. In these cases, a court-ordered supervisor or the custodial parent may be required to be present during visitation.

Is court case stressful?

Court cases are very stressful to children (even though they have no idea what’s going on) and too much stress can lead to many child hood issues like depression, anxiety or even delinquency later in life. Myth #2: The best parent is the one with custody. Again, not always true.

What happens if a non-custodial parent doesn't pay child support?

Myth #7: If the non-custodial parent doesn’t pay child support, the custodial parent loses their custody rights. This isn’t true, as it is entirely up to the court to decide how much the non-custodial parent must pay in order for them to have equal custody rights (or any at all).

What to do if you are late to court?

If you’re late, don’t show up, or don’t let your ex know where/when/for how long your taking the kids then there’s going to be an issue.