Right of a parent in a custody matter As long as the question of paternity or maternity is not an issue in the divorce process the right of parents is determined by the custody of the child. More often than not Child custody will be decided by parents and where they cannot agree a mediation by the court will be set and a court order will be given. Usually, the noncustodial parent will be granted visitation rights as well as terms of the visitation. More often than not the parent remaining in the family house will be granted custody of the children to give them a sense of stability during the instability of their family. In a situation where your spouse is threatening to ignore the order of the court, employing a good family law office is the next step. In Wisconsin, the Sterling Law Offices, S.C. is trustworthy and well experienced in all family law matters.