How Is Child Custody Determined in Wisconsin Divorce Cases?

 Posted on June 30, 2020 in Family Law

When you and your spouse decide to go your separate ways, there are many serious decisions that must be made about your child and your child’s future. You do not get to just simply walk away from your spouse after your divorce when you are a parent -- you must figure out a way to cooperate with one another for the sake of your child. One of the first things you and your spouse will have to agree on is who will have custody of your child and where your child will live. A Wisconsin child custody attorney can help guide you through the process.

Factors for Considering the Child’s Best Interest

Like most other states, Wisconsin courts presume that joint legal and physical custody is in the best interest of a child unless his or her mental, physical, or emotional health would be in danger if rights were awarded to both parents after the divorce. Legal custody and physical placement are decided on a separate basis, meaning it is possible for a parent to spend time with his or her child but have no decision-making capabilities.

If the divorcing parents of the child are unable to come to a decision about physical placement, the court will intervene in Wisconsin. The court will examine a variety of factors before it makes its decision as to what is in the child’s best interests. These factors can include:

• The wishes of the parents

• The wishes of the child, which may be conveyed through the use of a guardian ad litem

• The quality of the interactions and relationships between the child and other household members

• The age of the child and the child’s needs as he or she develops and grows

• The availability of public or private child care

• The degree of cooperation and communication between the parents

• Whether or not each parent is able to encourage the child to have a close and meaningful relationship with the child’s other parent

• Whether or not either parent has a criminal record

• Whether or not there is evidence either parent engaged in abuse

• The relationship each parent has with drugs and/or alcohol

• The reports from any professionals approved by the court 

Contact a Waukesha County Child Custody Lawyer

One of the biggest stressors in a divorce involving children can be a custody determination. If you are going through a Wisconsin divorce or you are considering filing for divorce soon, you should speak with a knowledgeable New Berlin child custody attorney today. At Bucher, Wolff & Sonderhouse, LLP, we will do everything we can to help you understand your legal rights and options every step of the way. To schedule a free consultation with one of our attorneys, call our office today at 262-232-6699.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/767/V/401

https://www.wisbar.org/forPublic/INeedInformation/Pages/Child-Support-Residential-Custody-Placement.aspx