How Fathers Can Protect Their Rights During Divorce Proceedings

Divorce can be a difficult and emotional experience, especially for fathers who are concerned about maintaining their parental rights. Many fathers worry about custody arrangements, child support obligations, and ensuring they have an active role in their children’s lives after separation. In Wisconsin, family courts prioritize the best interests of the child, but it is essential for fathers to take proactive steps to protect their legal rights and ensure a fair outcome.

Understanding Fathers’ Rights in Wisconsin

Wisconsin law recognizes that both parents play an important role in raising a child. Fathers have the same legal rights as mothers when it comes to custody, visitation, and decision-making authority. However, fathers must assert and protect these rights during divorce proceedings to prevent unfavorable outcomes.

Steps Fathers Can Take to Protect Their Parental Rights

1. Establish Paternity If Necessary

If you were married to your child’s mother at the time of birth, Wisconsin law presumes you are the father. However, if you were unmarried, you may need to legally establish paternity before pursuing custody or placement rights.

Paternity can be established through:

  • Voluntary acknowledgment (both parents sign a legal form)
  • Court order (if paternity is disputed)
  • DNA testing (if necessary)

2. Seek Joint or Primary Custody

Wisconsin courts prefer joint legal custody, meaning both parents share decision-making responsibilities. However, physical placement (where the child primarily lives) can vary.

To strengthen your case for joint or primary placement, be sure to:

  • Maintain a consistent presence in your child’s life
  • Document your involvement, such as attending school events, doctor appointments, and extracurricular activities
  • Show that you can provide a stable and supportive home
  • Cooperate with the other parent whenever possible to demonstrate a willingness to co-parent effectively

3. Ensure Fair Child Support Arrangements

Child support in Wisconsin is determined based on a percentage of income model. Fathers should ensure that accurate financial information is used to calculate payments. If you believe the payment amount is unfair or unmanageable, an Milwaukee fathers’ rights attorney can help you seek a modification.

4. Avoid Common Mistakes

To protect your parental rights, avoid these common mistakes:

  • Engaging in conflict with your ex that could be used against you in court
  • Failing to follow court orders, including visitation schedules and child support payments
  • Moving away without considering how it could impact your custody case

5. Work with an Experienced Family Law Attorney

A skilled Milwaukee divorce lawyer can help fathers navigate the complexities of divorce, fight for fair custody arrangements, and ensure that child support obligations are reasonable. By taking a proactive approach, fathers can protect their rights and maintain a strong relationship with their children after divorce.

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