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Secure Child Custody in Wisconsin

The first step in getting child custody in Wisconsin is understanding what type of action to file

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How Courts Determine Custody & Placement

In Wisconsin, custody and placement is typically determined by the parents working together on a parenting plan that is in the best interests of the child. When parents cannot come to an agreement Wisconsin courts look at a number of factors in order to determine child custody and placement for the parents.

In most cases, unless there is clearly a present danger, the courts aim to maximize time for the child with both parents. This means based on the work schedule of the parents, school/daycare of the child, and location of the significant influencer in the child’s life the court try to give both parents as much time as possible. The court typically does not assume one parent is better for the child than the other parent, nor does the court want to inject itself between feuding parents, but rather help facilitate a healthy co-parenting environment for the child.

Some other factors courts consider are as follows:

  • The wishes of the child if the child is 13+ and mature enough to make an informed decision
  • The mental and physical  health of both parents involved
  • The willingness of both parents to communicate and cooperate as co-parents and both parents willingness to help facilitate a meaningful relationship with the other parent.
  • Any past domestic violence allegations by either parent against the other parent or child
  • Who has played the role as primary caretaker for the child thus far in the child’s life

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Things You Should Know Before You Proceed

Court Ordered Mediation

The state of Wisconsin requires parents unable to reach a child custody agreement on their own to seek court ordered mediation before their child custody case can be handled in front of a judge. The mediation is only required for separations involving a child.

A government employee or a private agency that has been contracted through the government usually leads the mediation process. Often times mediation can prove to be successful and parents can reach an agreement for their custody battle.

Why is Mediation is Beneficial?
Mediation will save parents time and money by agreeing to terms before going to court. When mediation is successful, a written agreement is put together and submitted to the attorneys of both parents for approval before being sent to the court.

If mediation proves to be unsuccessful, the parents will proceed with their custody battle in front of a family law court.

Children’s Rights & Opinion

It’s important to remember that while child custody cases may seem like it is a legal battle between two parents, the child’s well being is what is at stake. Every child, regardless of parental status, is entitled to basic human rights.

Those rights include food, shelter, ability to earn an education, and health care. On top of that, every child has the right to have a relationship, or at minimum an association, with both parents. Unless it goes against the best interests of the child, one parent cannot take away the right from a child to see the other parent.

Tender Years Doctrine
The Tender Years Doctrine is a mostly outdated legal principle that stated a child’s mother should always have custody of the child. But as years have passed, the court systems have increasingly shifted away from this principle and instead focus on the best interest in the child.

Unsurprisingly in most cases, the best interest of the child is a life where both parents are involved. As such, laws are slowly being developed to enforce shared parenting with regards to child custody cases.

Factors the Court will Consider

Since Wisconsin is a state using the “best interests of the child” standard to determine custody it leaves custody to judges’ belief systems. In todays world judges generally lean toward the belief that there is more benefit to the child when both parents are involved on an ongoing consistent basis. The following are the main factors judges consider when overseeing child custody cases.

Children’s Age
For the most part the “tender years” doctrine is all but extinct in Wisconsin, but since the decision is up to the judge, there is still some who believe younger children should grow up with their mother. This is especially true if the mother is the primary caregiver and almost always true when a nursing baby is involved.

Parent’s Living Situation
This is typically the most important consideration. Many times the parent who stays in the family house will keep the children. This allows the children stability during an unstable time. For this reason, if you are fighting to get primary custody it is imperative you do NOT move out of the family home if the situation allows.

One Parent’s Support of the Other Parent’s Involvement with the Children
Since judges typically hold the belief it is in the best interests of the child when both parents are involved in the children’s lives, your record of cooperation with the other parent will be considered. This includes your proposed custody and visitation plan and whether you bad-mouth your spouse.

The more cooperative parent typically has greater success in custody disputes. It shows you can think objectively about your children’s needs.

Relationship with the Children
The judge will review the historical parental relationship for each child with each parent. Judges review this historical relationship because parents request primary custody to get a win over the other parent or avoid paying child support.

Can a child choose which parent to live with?
Children are not allowed to decide which parent they want to live with after a divorce in Wisconsin. The judge in charge of the divorce or custody hearings must give consideration to the child’s wishes at any age but it isn’t until age 14 that their wishes are given more weight in the decision.

A child’s preference does not always dictate the primary placement of the children, especially when there are multiple children involved. The court prefers to not separate the children into different homes as this creates more instability in the children’s lives.

Consistency and Stability
Lastly, but certainly not least important is maintaining consistency and stability in the children’s lives. This is by far one of the most important overall factors, which rears into every facet of child custody decisions.

Many courts believe what is in the best interest of the child is maintaining consistency and stability. Be sure you consider how making decisions for yourself may impact how the court may view that decision under the scope of consistency and stability.

Questions Clients Ask About Child Custody

What is sole custody?

Sole custody is where one parent is awarded both legal and physical custody of the child. The other parent may be able to visit the child, but he or she does not have any custody rights. The non-custodial parent is also unable to make decisions for the child.

What is 50 50 child custody?

50/50 child custody is when both parents equally share physical custody of their children. There are different versions of joint custody schedules in this situation. A 50/50 joint custody schedule depends on the work of the parents, the relationship they each have with their children and the ages of the children.

What is residential custody of a child?

Another term that is sometimes used to describe a parent who has sole custody of their child is residential custody. This refers to the fact that the child resides full time with one parent. This is opposed to joint custody or shared custody, which is when a child lives in relatively equal amounts of time with each parent.

What does physical placement mean?

Physical placement is the legal term that refers to the times in which a court has ruled a child spend with either parent. During physical placement, the parent is directly responsible for the child’s safety, well-being, and care. In a typical child custody case, the non-custodial parent is given physical placement every other weekend, and alternating holidays.

When can a child choose which parent to live with?

Children are not allowed to decide which parent they want to live with after a divorce in Wisconsin. The judge in charge of the divorce or custody hearings must give consideration to the child’s wishes at any age but it isn’t until age 14 that their wishes are given more weight in the decision.

Types of Child Custody in Wisconsin

Other Child Custody Options

Alternating Custody

Sometimes referred to as divided custody, alternating custody occurs when the child lives with one parent for a semester or several months of a year and then spends time living with the other parent for another extended period of time. The length of stay with each parent is not necessarily proportionate or relative to how long the child previously spent with the other parent.

During these stays, the parent with whom the child is currently living with is the provider for that child and oversees all responsibility of the child.

Shared Custody

Shared custody is a pretty common custody model. It occurs when the child is with one parent for a set amount of time and then with the other parent for a similar amount of time.

Unlike alternating custody, both parents the responsibilities of the child. So even if the child is not presently spending time with you, your rights as a parent are never minimized or taken away from you.

Bird’s Nest Custody

Bird’s nest custody removes the burden of going from one parents home to the other. In this custody setting, the parent’s share a residency where the child will always reside. The parents then alternate who stays at that residence and when.

This custody option provides stability for the child and allows them to have the feeling of always having a home regardless of which parent is staying there with them at the time.

Pick an Action to Begin Securing Child Custody in Wisconsin

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