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Under Wisconsin law, mothers and fathers have equal rights in custody, placement, and child support matters. However, establishing these rights and enforcing court orders can be complex. Whether you’re going through a divorce, seeking custody and placement, requesting child support, or want to establish paternity, it’s important to understand your legal rights.
The experienced family law attorneys at Peterson, Berk & Cross, S.C., understand how challenging these matters can be. Our team is committed to providing practical advice, strong legal advocacy, and compassion for each of our clients. Let us help protect your rights as a mother – call us for a consultation so we can develop personalized solutions for your needs.
Family law issues can be legally complex and often are emotionally charged. When you’re hoping to secure custody of your children, modify support orders, establish paternity, or go through a divorce, working with an experienced family law attorney is the key to getting the best possible outcome.
At Peterson, Berk & Cross, S.C., we take a compassionate and strategic approach to family law issues. Our attorneys have extensive experience in the Wisconsin court system, and we are committed to protecting your rights and advocating for your child’s best interests. We understand the practical application of Wisconsin’s family law statutes and have a proven track record of successfully guiding mothers through custody and support disputes.
Our lawyers will:
Provide clear, honest advice about your rights and options
Represent you in court or negotiations to advocate for your and your child’s needs
Help you create a long-term strategy promoting the best future for you and your child
While you can go through the legal system on your own, it’s not advisable – especially with your child’s custody, emotional well-being, and financial support on the line. An empathetic family lawyer provides key support and strategic advantages.
Understanding how Wisconsin treats custody and placement matters can help you set realistic expectations. While child custody and placement are separate legal concepts, they’re often considered together. Here’s the difference:
Custody – Legal custody is the right to make decisions about your child’s upbringing. These considerations typically include education, medical care, religion, and other important matters. A parent with sole legal custody has the final say on important issues, like where the child goes to school or what healthcare they receive. Joint legal custody means both parents share in these decisions, even if one parent has primary placement.
Placement – Physical placement encompasses where your child will live and how much time they spend with each parent. The court may grant joint placement, which involves the child spending substantial time with both parents, or one parent may be granted primary placement if they are deemed the more suitable caregiver.
It’s important to remember that both custody and placement can be shared or awarded solely to one parent. Wisconsin courts determine custody and placement depending on the child’s best interest – and their presumption is that, absent any evidence to the contrary, children benefit from a relationship with both parents. Factors the court considers include:
The child’s relationship with each parent
Each parent’s ability to provide for the child’s physical, emotional, and educational needs
Each parent’s mental and physical health
The child’s preference (depending on their age and maturity)
Any history of abuse or domestic violence
If you’re seeking sole custody or a specific placement schedule, having an attorney who is well-versed in these laws can make a significant difference in the outcome.
Child support determinations can be contentious. In Wisconsin, child support is calculated based on a percentage of the non-custodial parent’s income. The state uses guidelines to determine the appropriate amount of child support. This number can vary depending on the number of children and each parent’s income.
The Wisconsin Department of Children and Families (DCF) has a set formula for child support. The calculation is based on the non-custodial parent’s income and the number of children involved. For one child, the support is generally set at 17 percent of the non-custodial parent’s gross income, with increases for additional children.
When there’s a significant change in your circumstances – such as income, employment status, or your child’s needs – either parent can request a modification of the child support order. You can also request a modification if the custodial arrangement changes.
Peterson, Berk & Cross, S.C., helps mothers petition for fair and enforceable child support orders. We can also help you petition to modify orders if your circumstances change.
Establishing paternity is the first step toward securing custody, child support, and other parental rights. Wisconsin mothers automatically have sole legal custody of a child born out of wedlock until paternity is established. There are two main ways to establish paternity:
Voluntary Acknowledgment – Both parents can sign a Voluntary Acknowledgment of Paternity form.
Court Order – If there’s a dispute over paternity, the court can order genetic testing to confirm the father’s identity.
Once paternity is established, the biological father has the right to seek custody and placement. This can affect your mother’s rights. If you’re an unmarried mother, working with an attorney is the best way to protect your and your child’s rights.
If there are significant changes in your or your child’s lives, you may need to modify custody, placement, and child support orders. In Wisconsin, modifications are allowed when there is a substantial change in circumstances. For example:
The child’s needs have changed (such as health or educational needs)
One parent’s living situation has changed (including relocation or a new job)
The child’s preference has changed as they grow older
One parent is no longer able to meet the child’s needs
The attorneys at Peterson, Berk & Cross, S.C., frequently help mothers request modifications and enforce existing orders. Whether you need to change the physical placement schedule, request more child support, or compel your ex-spouse to comply with court orders, we’ll work to see your legal rights are upheld.
When you reach out to our firm, we’ll respond promptly to help you understand your rights and obligations.
Our intake process is designed to be straightforward and supportive. During your initial consultation, we’ll listen carefully to your concerns, answer your questions in plain language, and provide a realistic overview of your legal options. We’ll also help you understand timelines, what paperwork will be necessary, and what you can expect during each step of the legal process.
If you choose to move forward with us, we’ll create a personalized legal strategy that fits your goals and protects your rights as a mother. Throughout the process, we’ll keep you informed and help you understand what’s happening at each stage. Finally, we’ll provide ongoing support – if you need modifications later on, our attorneys will help you petition the court to recognize your or your child’s changing needs.
When you are facing a custody dispute, need to establish paternity, or are dealing with child support and placement issues, you need experienced family law representation. The skilled attorneys at Peterson, Berk & Cross, S.C. are here to provide the experienced, compassionate, and practical legal representation you need. Call us today for a consultation, and we’ll start developing a strategy that protects your child.
