The state of Wisconsin takes domestic abuse seriously. Not only are offenders prosecuted to the fullest extent of the law in criminal court, but they face serious ramifications in family court, as well. For example, a history of domestic abuse can influence the outcome of a custody battle in a major way. If you’re in the process of fighting for custody, here's what divorce attorneys want you to know about domestic abuse and how it can impact any family law disputes. 

If You Have a Criminal Record

If you have a criminal record that includes one or more domestic abuse-related charges, family law judges will not look favorably upon it. Although a single incident may not necessarily result in the termination of your parental rights, it will make it challenging for you to become the custodial parent. Instead, you’re more likely to be awarded some kind of visitation schedule. Depending on the charges in question, your visitation may or may not have to be supervised. If you’re unhappy with the final arrangement, though, it may be possible to modify it down the road. A divorce attorney can explain under what circumstances you can request a change to the custody order. 

If Your Ex Has a Criminal Record 

If your ex has a criminal record that includes domestic abuse-related charges, you will likely become the custodial parent. Even if your ex’s charges are from a prior relationship and have nothing to do with you or any children, the family law judge will want to see a marked improvement in their situation before awarding anything beyond visitation. In other words, while you may get primary custody, your ex could eventually be entitled to some kind of joint arrangement. This is something you’ll have to prepare for from day one, so you’re not blindsided if or when the arrangement is modified.

It’s worth noting that in cases of severe domestic abuse, a family law judge may terminate an individual’s parental rights. However, unless your ex was convicted of sexually abusing a child or causing serious bodily harm, they will likely retain their parental rights. 

If you’re facing a contentious custody battle in Wisconsin, turn to the strategic divorce attorneys at Osborne, Tripp & Schmidt. Located in Sparta, this practice is proud to represent clients throughout the Coulee Region on any family law matter. Their seasoned lawyers can offer comprehensive counsel in a variety of areas; for example, they also practice personal injury, criminal defense, real estate, probate, and bankruptcy laws. To get in touch with a divorce attorney on their team, call (608) 269-2400 or visit their website.