During a divorce, child custody can be a major source of disagreement for parents. The court has specific guidelines that must be adhered to when setting up custody. In general, each parent is entitled to receive one-half of their child’s time or approximately 33%. According to Wisconsin family law, when it comes to children under the age of 16, the child’s preference must be given great consideration by both parents and is considered an important guiding principle in determining custody arrangements. Finally, when children are involved an order will be made if neither parent has been able to reach a creative resolution after two years of trying.
In Wisconsin, the court will consider a number of specific factors when it comes to determining custody. These are the:
- Distance to school
The distance to the child’s school plays an important factor in determining custody. If a child’s school is easily accessible by a parent, it does not favor one parent over the other. When this is not the case, the court will look at other factors to determine which parent has custody of the child.
- Child’s wishes
The child’s wishes will also play a major role in custody arrangements. The court will consider the child’s wishes when determining custody. If the child does not favor one parent over the other, the balance of custody will favor that parent.
- Child’s safety
The court will also consider the safety of the child when it comes to determining custody. If a child is in danger at any time, it is in their best interests to have their father or mother take them so they can live safely and comfortably. The court will only approve that if both parents agree that they are in a safe environment
- Mental and physical health of the parents
The evidence and consideration of all medical, emotional, physical, and mental health, including all social services records that are relevant to the child’s health, is another factor to consider when determining custody. A history of abuse or neglect will not be enough to deny custody to one parent.
- Criminal records of the parents
The court will also consider the criminal record of your parents if they have one. If a parent has been convicted of abuse, it can have an impact on custody. A previous criminal record can also make it more difficult for a parent to get custody of a child.