In Wisconsin, Wis. Stat. 767.41(5) sets forth a list of factors that the court-appointed Guardian ad Litem is to apply in arriving to their recommendations as to what they believe is in “the best interest” of the minor child or children as it relates to custody and placement disputes. Ultimately the Court will also come to its own determination after considering the GAL recommendation and arguments presented by both parties.
The first factor, Wis. Stat. 767.41(5)(am)1 states that “The wishes of the child’s parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial.”
Importantly, verbal agreements between the parties during the marriage ultimately are not a binding agreement at the stage of divorce. As mentioned in previous blogs, prenuptial and postnuptial agreements have certain limitations as to their enforceability. It is best to consult with an experienced attorney to discuss this potential issue further.
It is also crucial to consider the reasonableness of your position versus the other party’s position. In Wisconsin, the default presumption for legal custody is that the parties should have joint, or equal consideration. If both parents are safe and appropriate, and there is no history of domestic abuse proven, then the Courts will apply the legal presumption. It would be adverse for a party to request sole legal custody without having an objective reason to present to the Court to rule accordingly. Schedule a consultation with us today to discuss further.
The post Factoring in the Factors #1: Parent’s Wishes first appeared on Kowalski Wilson & Vang, LLC.