Wisconsin Divorce Laws – Child Custody

by Michael Thomas

Be sure to view these other Wisconsin divorce pages:


Who will get custody of the children? There is usually a verbal tug-of-war on this issue when a divorce process begins. Sometimes a custody battle breaks out. The family court will, however, permit the parents to negotiate a Parenting Plan and Child Custody Agreement. If the parents cannot reach agreement, the family court steps in with its own plan for shared parenting. Local courts, empowered by Wisconsin divorce laws, are charged with making this decision with the ‘best interests of the child’ in mind. That having been said, the reality is that mothers get physical custody awarded to them in about 75% of the cases (this IS much lower than in years past, reflecting a positive shift in the perception of Dads as primary care-givers). Family Court judges can consider the following factors (and/or others not detailed here) in making a custody award, and may include WI child support orders. They include:

  • The wishes of the child’s parent or parents. This can be reflected in an agreement by the parents, a proposed agreement by them, or any prior child custody arrangement
  • The wishes of the child. The child can express a desire personally or have it communicated by a court-appointed representative (for example a guardian ad litem). A child’s desire can be considered but is not binding on the court
  • The relationship the child has with his her parent(s), siblings or any other person who may significantly affect the child’s best interest
  • The amount and quality of time that each parent has spent with the child
  • The child’s adjustment to the home, school, religion and community
  • The age of the child and the child’s developmental and educational needs at different ages
  • Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child’s intellectual, physical, or emotional well-being
  • The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child
  • The availability of public or private child care services
  • The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party
  • Whether each party can support the other party’s relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child’s continuing relationship with the other party
  • Whether there is evidence that a party engaged in abuse
  • Whether there is evidence of inter spousal battery
  • Whether either party has or had a significant problem with alcohol or drug abuse
  • The reports of appropriate professionals if admitted into evidence
  • Any other factors as the court may deem relevant

Wisconsin will require that you file a Parenting Plan if you are petitioning the court for a divorce and children were born as a result of the union. We’ve found that the most successful long-term co-parenting experiences came from those parents that completed the agreement AND transferred the data to an on-line parenting plan software program. By submitting both the Wisconsin parenting plan form with the printed on-line parenting plan, no detail went overlooked, and the provisions became a part of the decree.

 

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