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Home / Family Law / Wisconsin Divorce Law: What Happens if my Ex and I have Joint Custody and Can’t Agree?

Wisconsin Divorce Law: What Happens if my Ex and I have Joint Custody and Can’t Agree?

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · Jan 23, 2014 ·

Joint custody means that both parents have the right to make custodial decisions, with neither parents’ rights being superior to the other.  Unfortunately, that is not a very helpful description.  If the parents disagree, what happens?  For example, mom wants the child to receive a vaccination; dad refuses to give consent.  Doesn’t dad’s refusal effectively give him veto power over this decision, and therefore make his custody rights superior to mom’s?  And what if mom goes ahead and gets the vaccination anyway?  She is exercising superior custody rights to dad by overriding his refusal.  So how are these issues resolved?  Discussion and compromise between the parents may be the best way, but sometimes that is not possible.  Other options include mediation or co-parent counseling.  Sometimes the rules for these options are established in the divorce or paternity judgment.  The final option is litigation with the decision made by a judge.  This is rarely the best option; do you really want such an important decision made by a total stranger?  Most parents agree on these decisions, but those who cannot would be wise to seek an experienced family lawyer.

I have been representing families in divorce for almost 30 years.  I would be glad to discuss your concerns with a no cost, no obligation consultation.  Should you be in the need of a divorce attorney whether for divorce or post-divorce matters please contact Attorney Mark L. Krueger in the Baraboo area at (608) 356-3961, Madison area at (608) 824-9540 or Statewide at (866) 455-2993.  Please feel free to email at mark@kh-law.net and check out our website at https://khtlawyers.com.  Remember, at Krueger Hernandez & Thompson SC we listen, we care, we get results!

Joint custody means that both parents have the right to make custodial decisions, with neither parents’ rights being superior to the other.  Unfortunately, that is not a very helpful description.  If the parents disagree, what happens?  For example, mom wants the child to receive a vaccination; dad refuses to give consent.  Doesn’t dad’s refusal effectively give him veto power over this decision, and therefore make his custody rights superior to mom’s?  And what if mom goes ahead and gets the vaccination anyway?  She is exercising superior custody rights to dad by overriding his refusal.  So how are these issues resolved?  Discussion and compromise between the parents may be the best way, but sometimes that is not possible.  Other options include mediation or co-parent counseling.  Sometimes the rules for these options are established in the divorce or paternity judgment.  The final option is litigation with the decision made by a judge.  This is rarely the best option; do you really want such an important decision made by a total stranger?  Most parents agree on these decisions, but those who cannot would be wise to seek an experienced family lawyer.

I have been representing families in divorce for almost 30 years.  I would be glad to discuss your concerns with a no cost, no obligation consultation.  Should you be in the need of a divorce attorney whether for divorce or post-divorce matters please contact Attorney Mark L. Krueger in the Baraboo area at (608) 356-3961, Madison area at (608) 824-9540 or Statewide at (866) 455-2993.  Please feel free to email at mark@kh-law.net and check out our website at https://khtlawyers.com.  Remember, at Krueger Hernandez & Thompson SC we listen, we care, we get results!

 

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Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
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MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

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120 Third Street, Unit A
Baraboo, WI 53913
United States (US)
Phone: (608) 356-3961
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