Is Wisconsin Considered a Pro Mother State?

Wisconsin courts are explicitly forbidden in using gender to make custody and placement decisions. The courts look at what is in the best interest of the child when making these decisions, not gender.

Learn why Wisconsin is not a “mother state” in this video with Attorney Austin Miller of Sterling Law Offices. He also discusses how the child’s wishes are considered in court decisions and other considerations fathers and mothers need to know when it comes to child custody and placement decisions.

For a father going through divorce it may seem that the court has a bias toward the mother. While some custody and placement decisions may seem to be weighted against the father, there are many other factors that come into these decisions other than gender. The court will look at The Best Interest of The Child statute and take input from the Guardian ad Litem. Additionally, the court is forbidden to consider gender when making their decisions.

Wisconsin courts are required by statute to start with the presumption that both parents should share joint legal custody, or what is decision making, for the children. They are also required to presume that it is in the Child’s Best Interest to maximize the placement or time spent with each parent. Here are some of the factors that will influence a court when making custody and placement decision:

  • Child’s Age
  • Living Situation of Each Parent
  • How Each Parent Supports the Other Parent’s Involvement with the Children
  • Each Parent’s Relationship with the Children
  • Child’s Preference
  • Consistency and Stability

The Wisconsin court is going to look at what is in the best interest of the child, not what gender the parent is or favor the mother. It is important that father’s look at those factors that will affect the court’s decision on custody and placement and make sure there are not reasonable reasons to rule against the father’s interests.