As a parent who is separating or divorcing, you need to resolve the issue of child custody before completing the process. When spouses cannot agree who will handle parental decision-making responsibilities, courts examine what is in the best interest of the child and apply state divorce law to end the conflict. The factors below are some that Wisconsin judges consider when making custody awards.

3 Factors in Deciding Custody Disputes Under Wisconsin Divorce Law

1. History of Domestic Abuse

Wisconsin law presumes parents are entitled to an award of joint custody, which means the mother and father share decision-making responsibilities involving their children. However, if the court finds a couple has a history of domestic abuse between them, it can award custody to one parent.    

2. Child’s Preferences

Courts can consider whether a child prefers being with one parent. Judges consider elements such as age, maturity level, special needs, and relationships with each parent and the child’s siblings. Courts look at whether parents might be influencing a child’s decision. To ensure a child’s best interests are protected, judges can appoint a guardian ad litem who serves as the child’s advocate.

3. Parental Capabilities

Courts look at the ability and desire of each parent to provide a clean, safe, stable, and nurturing environment for their children. State divorce law requires that parents seeking custody of their children must be physically, mentally, and emotionally able to love, care for, and support them. Judges have the authority to order that spouses attend parenting classes, psychological counseling, or use other resources if parents seek or want to maintain custody.  

If you are seeking an award of child custody, get help from a knowledgeable divorce law attorney. Luke A. Weiland, Attorney at Law, of Wisconsin Rapids, WI, offers divorcing parents straightforward and individualized advice. A skilled and compassionate lawyer, Attorney Weiland discusses the legal process, options, and possible outcomes with each client. With more than 13 years of experience, he is a strong and effective advocate in and out of court. Learn more about the law firm’s services online. To schedule an appointment, call (715) 422-6808.