Child Custody Archives - Gamino Law Offices, LLC

Who Decides on Placement When a Couple Disagrees?

In the state of Wisconsin, child custody and visitation – called placement – are some of the hottest issues of many divorces. often, parents have a hard time seeing eye to eye on where their children should live, when their children should visit each parent and which parent is responsible for what tasks. Usually, by the end of a divorce proceeding, couples have reached some sort of agreement – but what happens when they can’t?

Who Decides on Placement When a Couple Disagrees?

First things first: It’s typically best for children when their parents reached their own agreements about custody and placement. Parents know their children best; you know what they need to thrive.

But sometimes it’s impossible to reach an agreement with your children’s other parent. In cases like these, judges order parents to meet with a mediator at least one time. During mediation, a trained professional will try to find common ground between you and your children’s other parent.

If mediation fails, sometimes a social worker or guardian ad litem (a person working in the kids’ best interest) give their input after conducting in-depth studies. If you and your children’s other parent still don’t agree, the court will schedule a hearing.

During the hearing, the parents, social worker and guardian ad litem present evidence. The judge reviews everything and makes a decision.

Why Don’t You Want to Let the Court Decide on Placement?

Most parents don’t want the courts to decide on placement. Though you can generally rely on a judge to make a decision that’s best for the children involved, the fact is that the process is long and time-consuming. In fact, it may take several months (or more) for the entire process to play out. That’s tough on you and your children – and it’s expensive.

Do You Need to Talk to an Attorney About Child Placement?

If you and your spouse are having a hard time agreeing on child custody and placement, you may benefit from talking to an attorney. Your attorney can give you the guidance you need when it comes to compromising with your children’s other parent, as well as fight for your kids’ best interests when necessary. Call our office at 414-383-6700 to schedule your consultation with an experienced professional who can give you the guidance you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-09-02T11:41:04-05:00October 20th, 2022|Family Law|Comments Off

Can a Dad Win a Custody Battle in Wisconsin?

By Carlos Gamino

Many people erroneously believe that it’s tough for fathers to win custody battles in the state of Wisconsin. The truth is that fathers have just as good a chance at winning a custody fight as mothers do. This guide explains.

Why Do People Think Dads Can’t Win Custody Battles?

In the not-so-distant past, women were more likely to win physical placement of their children than men were. That wasn’t only true in Wisconsin; it was true all over the United States (and it’s still true in some places).

But times have certainly changed. Judges and the state of Wisconsin know that children benefit from having meaningful relationships with both their parents, and that men and women are equally capable of caring for children.

What Good Attorneys Tell Their Clients (Dads and Moms) About Custody Battles

First things first: your attorney will most likely tell you that you should avoid a custody battle. The key word here is battle. There are several reasons for this – but the most important one is that duking things out with your former spouse isn’t healthy for your children.

Your attorney will most likely tell you that you should attempt to work out an agreement with your ex regarding placement and the amount of time you each spend with your children. That’s because, when you work together, you’re both likely to be reasonably satisfied with the outcome of your case. If you and your ex take it to court, the judge in your case will certainly do their best to be fair and do what’s right for your children. However, nobody knows your family like you and your ex do. That means you two are the best-qualified people to make decisions about child custody.

With that said, sometimes going to court is necessary. In some cases, it’s impossible to negotiate with the other party. If that’s your situation, you need an attorney who’s willing to fight hard for your rights and your children’s rights. And if you’re a dad, don’t stress – you have the same opportunity as your ex does to prove that you’re the right caregiver for your children.

Do You Need to Talk to an Attorney About Placement and Custody?

If you need to speak to a lawyer about placement and custody, we’re here for you. Call us at 414-383-6700 to schedule your consultation with an experienced attorney now.

Attorney Carlos Gamino

By Tedia Gamino|2022-07-19T11:31:52-05:00August 18th, 2022|Family Law|Comments Off

What’s the Best Placement Schedule for Your Family?

By Carlos Gamino

Physical placement refers to how much time your kids spend with you and your ex. When your children are with you, you have the right to make routine decisions about their daily care; likewise, when they’re with your ex, your ex has that right. But how do you make a physical placement plan that works for your whole family – and what’s the best physical placement schedule? This guide explains.

Related: Child custody FAQ

What’s the Best Placement Schedule for Your Family?

The best placement schedule for your family is one that:

Meets your children’s best interests
Minimizes disruption to all of your lives
Is convenient and flexible

With that said, there’s no one-size-fits-all solution for every family. Families with younger kids may have completely different needs from families that have teenagers, for example. However, the most common physical placement arrangements include:

Wednesdays and every other weekend. In this type of plan, kids spend most days with Parent A, except for Wednesday evenings and every other weekend (Friday night through Sunday night). They spend those days with Parent B.
2-2-3 plans. In a 2-2-3 plan, kids spend two days with Parent A, two days with Parent B, and three days with Parent A before the schedule starts over with Parent B. This ensures that the children have alternating three-day periods with each parent and guarantees both parents get some weekend time.
Alternating week plans. In alternating week plans, children spend one week with Parent A, then one week with Parent B. The parents switch each week, making adjustments for holidays and special occasions.

Every family’s needs are different, though, and your child custody attorney can help you develop a plan that will work for your family.

Working With Your Spouse on the Best Placement Plan

You and your spouse should negotiate to reach an agreement that meets your kids’ best interests (rather than yours), and if you’re having a hard time finding common ground, you may wish to work with a mediator who can help.

Do You Need to Talk to an Attorney About a Child Placement Plan?

If you’re divorcing or splitting up from your partner and need to speak with an attorney about creating a child placement plan, we may be able to help you. Call our office at 414-383-6700 to schedule your free consultation now.

Carlos Gamino

By Tedia Gamino|2021-07-17T09:17:53-05:00August 16th, 2021|Family Law|Comments Off

Child Custody FAQ

By Carlos Gamino

Child custody can be a difficult issue for divorcing parents – you both want what’s best for your kids, but you may have a tough time seeing eye-to-eye on what that is. Check out this child custody FAQ to get some answers, and if you don’t see what you’re looking for here, feel free to call us at 414-383-6700 for a free consultation. We’ll be happy to get you the answers you need.

Child Custody FAQ

Some of the most common questions we hear about child custody include:

What makes a parent unfit for custody?
What should you not do in a child custody case?
What questions does a judge ask a child in a custody case?
What kind of evidence do I need for child custody?
Can text messages be used in court for custody?

Here’s a closer look at each.

What Makes a Parent Unfit for Custody?

Some things can make a parent unfit for child custody – particularly when that parent’s conduct fails to provide proper care, guidance or support to the child. Abuse, neglect and substance abuse issues can also make a parent unfit for child custody. Every case is different, so if you suspect that your ex is unfit to parent your children, you should speak to a Wisconsin divorce and child custody attorney immediately.

What Should You NOT Do in a Child Custody Case?

You should never do anything that jeopardizes your ability to parent your children during a child custody case (or at any other time, for that matter). You should also avoid:

Verbal or physical confrontations with your ex
Introducing a new partner to your children
Criticizing your kids’ other parent to family, friends, or worse, to the children
Failing to make your child support payments
Letting your children down – when you say you’ll be there, be there
Preventing your children from seeing their other parent

Related: Wisconsin child custody laws

What Questions Does a Judge Ask in a Custody Case?

Most child custody cases are settled between parents. However, a small fraction of cases go to trial – and in those cases, a judge decides where children will spend most of their time. If your case goes to trial because you and your ex can’t agree on what’s best for your children, the judge will likely ask you several questions, including:

Which of you has been the kids’ primary caretaker?
What kind of stability can you provide for your child in your home?
How will you foster a loving relationship between your kids and their other parent?

Your attorney will submit documentation that helps you get the best possible outcome, and he or she will also help you prepare to go to court. However, it’s almost always in your best interest to try to work out a custody agreement with your ex rather than going to trial.

What Kind of Evidence Do I Need for Child Custody?

Your attorney will tell you what kind of evidence you need for your child custody case, which may include things like voicemail messages, emails, text messages, video and audio recordings, and police reports. Every case is different, so we can’t give you a specific list here – but we can tell you after we’ve learned more about your personal situation.

Can Text Messages Be Used in Court for Custody?

Text messages can, and often are, used in court for child custody disputes. Our advice: Never, ever put anything in writing that you may later regret. And if you have something in writing from your ex, don’t delete it.

Do You Need to Talk to an Attorney About Child Custody?

If you’re a divorcing parent, we may be able to help you. Call us at 414-383-6700 right now to schedule your free consultation. We’ll ask you some questions (and answer your questions) so you and your kids can start moving forward.

Attorney Carlos Gamino

By Tedia Gamino|2021-05-17T22:01:28-05:00May 17th, 2021|Family Law|Comments Off

What is a Marital Settlement Agreement?

By Carlos Gamino

If you’re like many people going through a divorce, you already know how difficult it is. When you’re expected to see eye-to-eye with your ex to reach agreements on important issues, it can be even harder. But your divorce attorney might suggest that you and your soon-to-be ex-spouse work together to create a marital settlement agreement – and that’s in your best interest.

Here’s what you need to know.

What is a Marital Settlement Agreement?

A marital settlement agreement is a written agreement between a married couple that resolves all the important issues, such as:

Does a Marital Settlement Agreement Need to Be Notarized?

Usually, a marital settlement agreement does not need to be notarized in Wisconsin. However, your divorce attorney will be able to provide you with case-specific guidance.

Is a Settlement Agreement the Same as a Divorce Decree?

A marital settlement agreement is not the same thing as a divorce decree. Your settlement agreement will outline what you agree to do, take or receive once your divorce is complete. A divorce decree is a court order that ends your marriage (at which point, you’re responsible for upholding your marital settlement agreement).

Is it Better to Settle Divorce Out of Court Through Your Own Marital Settlement Agreement?

For many people, it’s far better to come up with a marital settlement agreement than to litigate a divorce case in court. That’s because you’ll save time and money by coming up with your own agreement (or even by using a mediator to find common ground). Additionally, you and your ex-spouse will both have a hand in the outcome of your case, so you’re more likely to be reasonably satisfied with the outcome.

Do You Need to Talk to an Attorney About a Marital Settlement Agreement?

If you’re considering divorce, or if your spouse has already filed, we may be able to help you. Call us right away at 414-383-6700 to schedule your free consultation now. We’ll listen to your situation and help you get the best possible outcome.

Carlos Gamino

By Tedia Gamino|2021-07-17T11:44:02-05:00July 13th, 2020|Family Law|Comments Off

Child Placement Laws in Wisconsin

By Carlos Gamino

Child custody and placement are two of the most disputed parts of divorce. It can be tough for parents who both want the best for their children to see eye-to-eye, particularly after a break-up. But having knowledge of child placement laws in Wisconsin can help you determine what’s right for your kids – and what a judge is likely to sign off on when you submit a plan to the court.

Child Placement Laws in Wisconsin: What You Need to Know

Physical placement refers to the time that your children are in each parent’s care. When the children are with you, you have the right to make routine decisions about their care. Likewise, when they’re with their other parent, he or she has the right to make those decisions.

Most court orders outline the placement schedule between the parents so there’s not much room for confusion about where the kids are (and when they switch from one parent’s house to another).

Do Parents Have to Have Equal Placement?

In Wisconsin, the law says that kids should have a schedule that gives them plenty of time with each parent. The placement doesn’t have to be 50-50. In fact, it just needs to maximize the time the kids will have with each parent and make sure the time they spend with each parent is regularly occurring and meaningful.

It’s in your best interest to reach an agreement with your children’s other parent. If you don’t, the courts will have to rule for you. And while judges do their best to remain fair and impartial while putting the kids’ needs first, nobody knows your family – or what works for them – like you do.

Some of the factors the judge will consider if he or she must rule on placement include:

Availability of child care
Communication and cooperation between the parents
Each parent’s availability to care for the kids
Past parenting time
The child’s adjustment
The child’s family and other significant relationships
The needs and wishes of the children
What the parents want
Whether each parent is supportive or interferes in the other parent’s relationship with the children

Do You Need to Talk to a Lawyer About Child Placement Laws in Wisconsin?

If you need to talk to a Milwaukee child custody lawyer about placement, we may be able to help you. Call us at 414-383-6700 to learn more.

Carlos Gamino

By Tedia Gamino|2021-07-17T13:52:00-05:00November 27th, 2019|Family Law|Comments Off

3 Benefits to Reaching a Custody Agreement Outside of Court

By Carlos Gamino

Most child custody attorneys in Milwaukee will advise you to reach a custody agreement with your spouse rather than going through a lengthy court process. That’s because there are several benefits to doing so, including:

Reaching the arrangement that works best for your family’s unique needs
Saving time and money on legal fees
Showing your kids that you can – and will – cooperate when it comes to parenting

#1: Meeting Your Family’s Needs

Judges always put your kids’ best interests first when they’re making custody determinations, but only you know your family. You know what activities your kids are involved in, where their friends are, when they’re most comfortable – and although the judge will do his or her best to create an ideal custody arrangement, it’s better if you and your spouse work together to create a plan that works best for your kids.

#2: Saving Time and Money on Legal Fees

Litigation is time-consuming… and it’s expensive. When you and your spouse can reach an agreement, you’re saving hours of prep time for your lawyer (and you’re keeping that cash in your pocket). It’s always okay to come to your lawyer when you and your spouse can’t agree – but if you can, you’ll be better off than you would waiting on a court date, providing evidence and testimony, and paying your lawyer to fight with your spouse’s lawyer in court.

#3: Showing Your Kids You Can Cooperate

The things you do right now are setting the stage for your future relationship with your spouse – and let’s face it: You’re going to be parents for the rest of your lives. When you and your spouse can cooperate, you’re preparing for other big decisions in the future.

Your cooperation now doesn’t just set a good example for your kids. It shows your spouse that you’re willing and able to negotiate.

Do You Need to Talk to a Lawyer About Child Custody?

If you’re thinking about divorce, or if your spouse has already filed, we may be able to help you. Call us at 414-383-6700 for a free divorce consultation with an experienced, compassionate divorce lawyer. We’ll be happy to answer your questions and help you get started on the path to a successful divorce.

Carlos Gamino

By Tedia Gamino|2021-07-23T16:08:33-05:00November 27th, 2019|Family Law|Comments Off

Wisconsin Child Custody Laws

By Carlos Gamino

Child custody laws in Wisconsin are different from those in other states – but even if you’ve lived here your entire life, it’s easy to become confused about what the state requires when it comes to custody and placement. Here’s what you need to know about Wisconsin’s child custody laws and how they apply to you.

Wisconsin Child Custody Laws

In the state of Wisconsin, there are two types of “custody.” One involves legal custody, and the other refers to physical placement of your children.

Legal Custody

The term legal custody refers to a parent’s right to make major decisions about a child. These types of decisions include things like non-emergency healthcare, where the child will attend school and what religious upbringing the child will receive.

Physical Placement

The term physical placement refers to the time a child spends in each parent’s care. When your child is placed with you, you’re the parent who makes routine daily decisions (like what the child will eat, where the child will spend time and other day-to-day matters). The law doesn’t require each parent to have equal time with the children, but it does require regularly occurring, meaningful periods of placement that maximize the amount of time the kids spend with each parent.

How Do Wisconsin’s Child Custody Laws Solve Custody and Placement Issues?

Your attorney will probably tell you that you and your soon-to-be ex-spouse come up with your own custody agreement. That way, you can keep important decisions about your kids (and their schedules) out of the court’s hands and in yours – after all, you and your ex know your kids best, and you know what will work best for them.

If you and your ex can’t agree on placement, you’ll force the judge in your case to make decisions for you. While judges do remain fair and impartial, they don’t know your family like you do. You and your ex are the most qualified people to work out what’s best for your children.

Do You Need to Talk to a Lawyer About Wisconsin’s Child Custody Laws?

If you’re considering divorce or if your spouse has already filed, you may need to talk to an attorney about our state’s child custody laws and how they’ll affect your family. Call us at 414-383-6700 for a free consultation with an experienced divorce attorney who can help.

Carlos Gamino

By Tedia Gamino|2021-07-23T17:08:02-05:00November 26th, 2019|Family Law|Comments Off

Creating a Parenting Time Agreement With Your Ex

How to Coordinate a Parenting Time Agreement - Carlos Gamino

By Carlos Gamino

When you’re going through a divorce, it’s common knowledge that it’s best to work with your spouse rather than against him or her – especially when developing a parenting time agreement.

Why It’s Important to Agree With Your Spouse on Parenting Time

If you cannot agree with your spouse, the judge will have to decide on who gets physical placement and visitation times.

While Milwaukee and Waukesha judges try their best to remain fair and impartial when awarding custody and visitation time, only you and your spouse know what is actually best for your family. That means you are the two most qualified people to make decisions regarding where your kids spend most of their time.

But where do you even begin?

How to Create a Parenting Time Agreement With Your Ex

First, talk to your soon-to-be ex-spouse about what your children would prefer – and what you would prefer.

Ask yourselves:

Is one of you more capable of providing 24-hour care to your children?
Does one of you have a more flexible work schedule that allows for extracurricular activities and shuttling the kids back and forth to school?
Will one of you be retaining your marital home, where your children have already established themselves?
Which one of you will be moving, and will you have enough space for the children to live with you on a more permanent basis?
How do your children feel about the divorce, and what would their preferences be if they could choose which parent to live with?

It can be extremely difficult to reach an agreement with your spouse, particularly during a time when emotions are running high (such as during divorce), but remember that the end goal is to be the best possible parents you can be for your children. They need you to make these important decisions wisely – and with their best interests at heart.

Do You Need to Talk to an Attorney in Milwaukee About Child Placement and Parenting Time?

If you’re contemplating divorce, or if your spouse has already filed for divorce, call us right away 414-383-6700 for a free consultation with a divorce lawyer. We can help you develop a parenting time agreement that you and your spouse can agree on (and that works best for you and your family).

Carlos Gamino

By Tedia Gamino|2021-07-25T12:53:03-05:00November 24th, 2019|Family Law|Comments Off

Does the Mother Automatically Get Custody of the Kids in Wisconsin?

Do Wisconsin Custody Laws Favor the Mother - Wisconsin Custody Lawyers

By Carlos Gamino

When you’re fighting for child custody as part of a divorce in Wisconsin, whether in Milwaukee, Waukesha or elsewhere, and whether you’re the kids’ mother or father, you may be under a few misconceptions about the way our laws work.

How Do Wisconsin Custody Laws Work?

Many people are under the mistaken assumption that Wisconsin child custody laws favor the mother over the father—but the truth is that our state’s custody laws were designed to work in the children’s best interests.

The term child custody refers to the right to make decisions (like education, non-emergency healthcare, and religion) about your children. The term placement refers to the time that a child is in a parent’s care.

Wisconsin law doesn’t require each parent to have equal time with the children. Instead, the law says that each parent should have as much meaningful time as possible with each parent.

Do Wisconsin Custody Laws Automatically Favor Mothers?

The court is not allowed to prefer one parent over the other on the basis of sex or race. Instead, judges must weigh the benefits to the child in every situation. For example, if a mother is breastfeeding her child, the courts will take that into consideration when they’re determining the appropriate placement; if a father has a stay-at-home job that allows him ample time to care for the children while the mother has a job that takes her out of the country on frequent business trips, the courts will take that into consideration, too.

The court has to look at several factors, including:

Each party’s wishes
The interaction each child has with his or her parents, siblings, and others
How much time each parent has spent with the child in the past
How adjusted the child is to school, home, and community
How old the child is, as well as his or her developmental and educational needs
Each party’s mental and physical health
The availability of child care services
Whether each parent will be able to foster a loving relationship between the child and the other parent
Whether there is a history of abuse, drug use, or crime
The reports of professionals, if there are any
Other factors the court believes are relevant

Do You Need to Talk to a Wisconsin or Milwaukee Custody Lawyer?

If you need to talk to an attorney about child custody in Wisconsin, call us at 414-383-6700. We’ll be happy to give you a free custody case evaluation, so please, reach out today.

Carlos Gamino

By Tedia Gamino|2021-07-25T13:58:26-05:00November 24th, 2019|Family Law|Comments Off

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Child Custody

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