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Child custody issues are often some of the most difficult matters to resolve in a divorce, even when the parents can resolve other issues themselves. In these circumstances, you may have no choice but to let your divorce attorney take the matter to court, where a judge will make a decision based solely on the best interests of the children. Here are a few of the factors the judge will consider when making these critical decisions.

What Factors Affect Custody Decisions in Wisconsin?

1. The Strength of Existing Relationships

To provide the most stable environment possible, courts will generally try to preserve the existing bonds between children and their parents, siblings, and communities. Parents who spent more time caring for and bonding with their children will likely receive more parenting time.

2. Each Parent’s Living Situation

divorce attorneyFamily court judges must ensure that parents can provide safe, suitable environments for their children. A parent who lives in a single-family home will likely be given preference if the other shares a small apartment with roommates in a high-crime area.

3. History of Domestic Abuse

While parents with a history of domestic violence may not receive physical custody, the court may grant supervised visitation or limited parenting time. Civil courts have lower standards of evidence than the criminal justice system, so a divorce attorney only needs to show through a preponderance of the evidence that abuse occurred.

4. The Wishes of the Child

While Wisconsin law doesn't give children the right to choose which parent to live with, it does require judges to consider their wishes. After the age of 14, their preferences are given more weight, although the courts are free to go against them if it’s in the child’s best interests to do so.

 

Child custody decisions can have a dramatic impact on your future and those of your children, which is why you need an experienced divorce attorney with a history of successful results. Osborne, Tripp & Schmidt in Sparta, WI, understands how important these issues can be and are committed to giving you the compassionate, personalized attention you deserve. Visit their website or call (608) 269-2400 today to consult with a divorce attorney, and follow their Twitter page for more legal tips and insight.

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