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Wisconsin Child Custody Laws

by Ethel M.

Wisconsin Child Custody Laws, Child Custody Laws in Wisconsin

Wisconsin Child Custody Laws

Child custody laws in Wisconsin have been implemented to ensure that child custody arrangement are made in an amicable manner. Courts in Wisconsin use the standard of prioritizing the child’s best interests in mind to determine a child’s visitation and custody if the parents are divorcing or separated. It signifies that the state courts will observe the circumstances of the parents and the child, as well as, assess many factors to ascertain the kind of custody to grant and a parenting plan. According to Wisconsin child custody laws, a judge may order joint custody to both co-parents and custody to only one parent.

Types of child custody

In Wisconsin, courts identify physical custody and legal custody. The right a guardian or a parent gets for making important life decisions for the child including religious upbringing and schooling. On the other hand, the child custody laws of the state also recognize physical custody, meaning the decision of the child living with a particular guardian or parent. The joint custody arrangement enables both parents making key life decisions for the kid. In the sole physical custody order, the child will live with one of the parents full-time, although the noncustodial parent enjoys visitation rights.

Best interests of the kid

In Wisconsin, laws related to child custody specify that the wishes of a child should be considered while deciding parental custody. It may be a rather tough situation and yet the judge has the discretion to have the final say.

Custody laws in Wisconsin for unmarried parents

Irrespective of whether a person is married or not, the custody law in Wisconsin is the same in both cases. Also, the mom and the dad are both eligible for parental rights when paternity has been proved unless the court orders otherwise.

At times, the child’s paternity can be questioned when the couple did not marry at all. In case, both the parents are okay with the paternity, it is possible for the biological father to sign the acknowledgment of paternity. When they are not in agreement, the presumed father or mother may file a petition in the court for conducting a paternity test.
After the establishment of paternity in the state of Wisconsin, both parents can go ahead with placement and custody.

Which parent will get child custody in Wisconsin?

Family courts in the state intend to assist in a healthy environment of co-parenting of the child of a broken home. Courts in Wisconsin usually take into consideration some of the below-mentioned factors for determining issues related to child custody in the state:
  1. Age of the kid
  2.  Living situation of the parent
  3. The relationship of the child with both the parents
  4. Preference of the child
  5. The physical and mental health of the involved parents
  6. A situation that promotes stability and consistency
  7. Whether both parents are willing to cooperate and communicate as co-parents
  8. The parent who had played the part of the primary caretaker as far as the child is concerned until now
  9. Any incident related to domestic violence accusations by one of the parents against the kid or the other parent
  10. The willingness of the parent to assist in facilitating an effective and cordial rapport with the other guardian/parent

Parenting plan in Wisconsin

 Often, a parenting plan is used to help in avoiding prolonged custody disputes. Following are some of the typical features of a parenting plan:

  1. Continuation of the relationship between the parent and the child in the kid’s best interest
  2. Children’s needs grow and change as they mature
  3. Both parents should have access to the official records of the child
  4. Custodial parents will make day-to-day decisions when the kid is staying with that parent


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