Divorce can be a challenging process, particularly for fathers who want to maintain an active role in their children’s lives. Many fathers fear they may receive unfair treatment in custody and visitation decisions, despite laws designed to ensure equality. In Wisconsin, family courts emphasize the best interests of the child, which often includes meaningful involvement from both parents. However, fathers must take proactive steps to assert their rights and advocate for equal parenting arrangements during divorce proceedings.
Understanding Fathers’ Rights in Wisconsin
Wisconsin law does not favor one parent over the other based on gender. Fathers have equal legal rights to custody, visitation, and decision-making responsibilities. However, outdated biases can sometimes influence custody disputes, making it crucial for fathers to actively demonstrate their commitment to their child’s well-being.
Steps Fathers Can Take to Ensure Equal Parenting
1. Seek Joint Custody
Wisconsin courts typically award joint legal custody, meaning both parents share major decision-making responsibilities. However, physical placement (where the child lives) may not always be equally divided.
To strengthen your case for equal placement, fathers should:
- Maintain a strong and consistent relationship with their child
- Provide a stable and safe living environment
- Document involvement in school activities, medical appointments, and daily care
- Cooperate with the child’s mother to show a willingness to co-parent effectively
2. Understand the Court’s Priorities
Family courts prioritize the child’s best interests, considering factors such as:
- Each parent’s ability to provide a stable home environment
- The child’s relationship with both parents
- The ability of parents to communicate and cooperate
- Any history of abuse, neglect, or substance abuse
Fathers who actively participate in their child’s upbringing and demonstrate a commitment to co-parenting are more likely to receive equal custody and placement rights.
3. Protect Your Rights Early in the Process
From the beginning of a divorce, fathers should take steps to protect their rights, such as:
- Filing for joint custody and placement as early as possible
- Avoiding actions that could be used against them, such as moving out without a custody agreement
- Keeping detailed records of parenting involvement, communications, and financial support
4. Address Child Support Fairly
In cases where one parent has primary placement, the other parent may be required to pay child support. Fathers should ensure that payments are calculated fairly based on accurate financial information. If circumstances change, they may request a modification.
5. Work with an Experienced Family Law Attorney
A knowledgeable divorce lawyer in Milwaukee can advocate for fathers’ rights, ensuring fair custody, visitation, and child support arrangements. With proper legal representation, fathers can protect their parental role and ensure equal parenting opportunities after divorce.