When parents in Wisconsin divorce or separate, determining child custody and physical placement is often the most emotional and difficult aspect of the process. Wisconsin courts prioritize the best interests of the child, and both legal custody and physical placement are critical decisions that affect the child’s future. If you’re navigating this process, it’s important to understand the factors that the court considers in making these decisions.
Legal Custody vs. Physical Placement
Before diving into the key factors, it’s important to distinguish between legal custody and physical placement:
- Legal custody refers to the right to make significant decisions about the child’s life, including decisions about their education, healthcare, religion, and other important matters.
- Physical placement refers to where the child will live and the time they spend with each parent.
Both custody and placement are decided with the child’s well-being as the top priority.
1. The Best Interests of the Child
Wisconsin family law dictates that the court must make custody and placement decisions based on the best interests of the child. Factors such as the child’s emotional needs, relationships with each parent, and the child’s age, health, and developmental needs will be evaluated. This overarching consideration guides the court’s decisions in custody cases.
2. Parent-Child Relationship
One of the most important factors in determining custody and physical placement is the relationship between the child and each parent. Courts will examine how well each parent has supported the child’s relationship with the other parent, as well as how each parent has been involved in the child’s life up until the point of separation. A strong, positive bond with both parents is often favored.
3. Parental Cooperation
In Wisconsin, the court looks closely at the parents’ ability to cooperate in making decisions about the child. If parents are unable to communicate and work together effectively, it could influence the court’s decision regarding joint legal custody. In cases where cooperation is lacking, the court may award sole legal custody to one parent. Co-parenting ability plays a significant role in determining how placement will be shared.
4. Stability of Each Parent’s Home
Stability is crucial in determining physical placement. The court will evaluate whether each parent’s home environment is safe, stable, and conducive to the child’s development. This includes looking at the living arrangements, the parent’s work schedule, and whether the home provides the child with consistency and security.
5. The Child’s Wishes
In some cases, especially when the child is older (typically age 12 or older), the court may consider the child’s preferences regarding custody and placement. While not determinative, the child’s wishes can influence the court’s decision, particularly if those wishes are consistent with their best interests.
6. History of Domestic Violence or Abuse
If there is a history of domestic violence, abuse, or substance abuse, it can significantly impact custody decisions. Courts take any history of abuse very seriously and prioritize the safety of the child. Any allegations of abuse or neglect are thoroughly investigated before a decision is made.
7. The Mental and Physical Health of Parents
The court will assess the mental and physical health of both parents to determine whether they can meet the child’s needs. Parents with serious health concerns may not be awarded physical placement or legal custody if the court finds that their health would impact their ability to care for the child.
Conclusion
In Wisconsin, determining custody and physical placement is a multifaceted process, guided by the principle of what is in the best interests of the child. Courts consider a wide range of factors, including the child’s relationship with each parent, the parents’ ability to co-parent, the stability of each home, and the mental health of the parents. It’s crucial to have a knowledgeable Milwaukee child custody attorney by your side to ensure that your parental rights are protected and that your child’s needs are properly considered throughout the process. By understanding the factors involved, parents can better navigate this challenging situation and work toward an outcome that is in the best interests of their children.
