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Waukesha family law attorneysFrom the physical and mental health of both parents to the wishes of the children, family law judges look at a number of factors before making custody and visitation decisions. They may also consider a parent’s use of drugs or alcohol because frequent use of these substances can impact a parent’s ability to take care of a child. If you are trying to gain custody of your children, but have a history of substance abuse, you should enlist the help of a Wisconsin family lawyer.

How a Judge May Respond to Parental Substance Abuse

Judges do not take alcohol or drug abuse in custody battles lightly. Parents who abuse these substances often neglect to give their children what they need. They may also put their kids’ lives in danger. For example, if a parent is heavily drunk and forgets to turn off the stovetop, it can increase the risk of a fire in the house. Judges want to prevent these sorts of incidents from occurring, so they are weary about awarding custody to parents with substance abuse issues.

If a judge hears an allegation that a parent is abusing drugs or alcohol, he or she will fully investigate that claim. A judge will typically have the accused parent take a drug test. If illegal drugs are found in the parent’s system, the court may award custody to the other parent.

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Waukesha County family law attorney parenting plan

One of the most important aspects of any divorce involving children is creating your parenting plan to outline certain agreements that you and your spouse have made concerning the children. In Wisconsin, once you have entered a court order detailing things such as child support and parenting time, that order is legally binding and requires cooperation from both spouses. It can be extremely frustrating when your ex does not abide by the terms of the agreement that you have. However, as a court order, there are certain steps that you can take to combat noncompliance from your ex.  

Filing a Motion to Enforce Physical Placement Orders in Wisconsin

Any parent can file a motion to have their physical placement orders enforced in Wisconsin, as long as certain conditions are met. In your motion to the court, you must state your name and show that you have been awarded periods of physical placement of your child, the name of your child’s other parent and that you have had one or more periods of physical placement denied or substantially interfered with by the other parent. Once you have filed the motion with the court, you must then serve the motion to the other parent.

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