Milwaukee Child Custody Attorney

Legally reviewed for accuracy by Attorney Kelly Dodd

The information provided does not, and is not intended to, constitute legal advice. Talk to a lawyer today for legal advice

Understanding Child Custody in Milwaukee, Wisconsin

Regarding child custody in Milwaukee, it’s important to understand how Wisconsin law defines and approaches this sensitive topic. In Wisconsin, legal custody refers to a parent’s right to make major life decisions for their child, not where the child lives or sleeps daily.

These “major decisions” can include things like:

• Choosing the child’s school
• Making healthcare decisions
• Determining religious upbringing
• Permitting a driver’s license, military enlistment, or marriage (before the child turns 18)

There are two types of legal custody in Wisconsin:

• Joint Legal Custody: This is the most common arrangement. Both parents share the responsibility of making major decisions for their children. The law generally presumes that joint custody is in the child’s best interest, as long as the parents can communicate and cooperate.
• Sole Legal Custody: In rare cases, the court may award one parent the exclusive right to make all major decisions. This typically only happens if the other parent is unfit, absent, or unable to participate in decision-making due to serious conflict or other concerns.

In Milwaukee family courts, judges will consider all aspects of a family’s dynamics to determine which custody arrangement serves the child’s best interest.

What is Physical Placement in Child Custody Cases?

While custody refers to decision-making authority, physical placement addresses where the child lives and how much time they spend with each parent. In Milwaukee, just like across Wisconsin, physical placement is categorized into two types:

• Primary Placement: One parent has the child for more than 75% of overnights in a calendar year. Even if the other parent has regular visits, this is considered primary placement.
• Shared Placement: Both parents have the child for at least 25% of overnights. This could be a near-even split or something slightly uneven, depending on what works best for the child.

Milwaukee Family Courts are committed to helping children maintain strong relationships with both parents whenever possible. Judges are required to maximize time with each parent, though this doesn’t always mean a 50/50 split. Each case is unique and evaluated individually.

Who Gets Custody in a Milwaukee Divorce?

The most important factor in any custody or placement case is the best interests of the child. Milwaukee courts take this standard very seriously and will examine a wide range of factors, including:

• Each parent’s wishes and ability to co-parent
• The child’s relationship with each parent and other household members
• The child’s preferences (when appropriate for their age and maturity)
• The child’s adjustment to home, school, and community
• The parent’s mental and physical health
• The history of parental involvement and caregiving

There is a common myth that children can “choose” which parent they live with at age 13. This is not true in Wisconsin. While a child’s input can be considered, it’s just one of many factors, and the final decision always rests with the court.

Often, the court appoints a Guardian ad Litem—an attorney whose job is to represent the child’s best interests during the case. This is very common in Milwaukee County and can play a crucial role in how custody and placement decisions are made.

Modifying Custody or Placement Orders in Milwaukee

Life doesn’t stay the same, and sometimes custody or placement arrangements need to change. If you’re living in Milwaukee and your current court order isn’t working anymore—whether because of relocation, a job change, health issues, or other reasons—you may be able to seek a modification.

What You Need to Know:

• If your current order is less than two years old, you must show that the existing arrangement is harmful or dangerous to the child to request a change (with some limited exceptions).
• If your order is more than two years old, you only need to show a substantial change in circumstances, such as a parent moving, schedule conflicts, or changes in the child’s needs.

In both situations, you must still prove that the modification is in the child’s best interests.

Parents in Milwaukee can often reach new agreements outside of court through mediation or by filing a Stipulation with the court. However, if an agreement can’t be reached, a judge will make the final decision.

How Child Support and Placement Are Connected

Your physical placement schedule directly affects child support obligations. In Wisconsin, support is calculated based on the number of overnights each parent has with the child. The more time you spend with your child, the more balanced the financial responsibilities become.

To get a better idea of what child support might look like in your situation, check out our Wisconsin Child Support Calculator.

Moving Away or Out of State with a Child

Milwaukee parents should be aware of Wisconsin’s strict child relocation laws. If you plan to move more than 100 miles away, whether within or outside the state—you must follow a legal process that includes notifying the other parent and potentially seeking court approval.

Relocation requests are often complex and emotionally charged. The court will weigh the benefits of the move against the impact on the child’s relationship with the other parent. If you’re considering a move, it’s important to speak with an experienced Milwaukee family law attorney who can help you understand your rights and obligations.

Know Your Parental Rights in Milwaukee

Rights of Unmarried Mothers

In Wisconsin, if you are an unmarried mother, you automatically have sole legal custody of your child, unless and until the court establishes paternity and custody rights for the father. If you are in Milwaukee and facing questions about custody or co-parenting, it’s important to understand your rights early in the process.

Paternity Rights for Fathers

Establishing paternity is a critical step for unmarried fathers who want legal rights and responsibilities regarding their children. In Milwaukee, this process can involve voluntary acknowledgment or court proceedings, including genetic testing and a formal paternity judgment.

Once paternity is established, the court can issue orders for:

• Custody
• Physical placement
• Child support

Our Milwaukee-based paternity attorneys can guide you through this process, ensuring that you and your child are protected from the start.

Our Milwaukee Child Custody Attorney Office Location

Karp & Ianco Family & Divorce Lawyers

1433 North Water Street, Suite 428
Milwaukee, WI 53202
414-485-0190

Contact an Experienced Milwaukee Child Custody Lawyer Near You

Our Milwaukee child custody lawyers are here to help you understand your options and fight for what’s best for your child. Contact our office to speak with a local family law attorney today.