When it comes to family law, child custody is a contentious topic. Unfortunately, it’s also a fairly complicated one, and navigating the proceedings can be challenging. If you’re facing a custody battle, you probably want to know how to secure a favorable arrangement. While a seasoned family law attorney will be happy to discuss the specifics of your case, here are the answers to a few general questions on the subject.

What You Should Know About Child Custody

What kinds of factors influence custody?

The single most influential factor in every custody case is the best interests of the children involved. To determine these interests, the judge will consider each parent’s physical and mental health, as well as their living situation, earning capacity, ability to provide a stable home, willingness to cooperate with the other party, and extent of involvement in the kids’ daily lives. 

What are the different kinds of custody?

In the state of Wisconsin, there are two kinds of child custody—physical and legal. Parents have physical custody when their children live with them. Legal custody, on the other hand, refers to a parent’s rights to make decisions on behalf of the kids. In general, judges try to order arrangements that include joint physical and legal custody; however, there are scenarios in which it is not in the children’s best interests for both parents to have custody. 

Can I modify a custody order?

Unless a child is at risk of physical or emotional harm, Wisconsin courts will not modify a custody arrangement until at least two years have passed since it was ordered. This is to allow all parties time to adjust to the new dynamic. If you can provide sufficient evidence that there has been a major change in the family’s circumstances, though, it may be possible to modify the order before two years have passed. 

Can criminal records affect the custody proceedings?

Family law judges will consider each parent’s criminal record when determining custody. Having a conviction on your record does not automatically bar you from obtaining custody, though. At the end of the day, the children’s best interests will still be the single most important factor. In other words, if your history does not indicate that you will put the children in harm’s way, you will likely be entitled to visitation at the very least. 

If you’re facing a family law dispute in Wisconsin, turn to Arndt Buswell & Thron SC in Sparta. For the past 25 years, this general practice firm has been helping clients throughout Monroe County navigate all kinds of legal proceedings. From bankruptcy filings and real estate transactions to criminal defense and insurance claims, they can assist with it all. To explore the vast array of services they provide, visit their website, or call (608) 269-1200 to schedule your first meeting with an attorney on their team.