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Factors that impact your chances of gaining primary custody

On Behalf of | Nov 7, 2023 | Family Law |

Child custody battles can be emotional and challenging for parents involved. Sometimes parents split custody, while in other cases, one parent has more time with the kids than the other one.

In Wisconsin, several factors play a crucial role in determining which parent receives primary custody. Understanding these factors is vital for parents seeking primary custody of their children.

Child’s best interests

Wisconsin recognizes several custody arrangements and assesses the child’s need to determine which solution best benefits everyone involved in the dispute. Courts prioritize the child’s welfare above all else. They assess the physical, emotional and mental well-being of the child and how each parent’s custody arrangement can meet those needs.

Parenting ability

Another crucial factor is the parenting ability of each parent. Courts evaluate factors like the parent’s ability to provide a stable and loving home, meet the child’s daily needs and foster a healthy relationship between the child and the other parent.

Child’s wishes

Courts may consider the child’s wishes, but this varies depending on the child’s age and maturity. Older children are more likely to have their preferences considered, but the court must handle these conversations without pressure.

Primary caregiver

The parent who has historically been the primary caregiver often has an advantage in gaining primary custody. Courts will consider who has been responsible for the child’s day-to-day care, such as feeding, bathing and taking them to school.

Co-parenting ability

A parent’s willingness and ability to cooperate with the other parent is significant. Courts favor arrangements that promote healthy co-parenting and communication. If one parent is uncooperative or unwilling to support the child’s relationship with the other parent, it can negatively impact their chances of gaining primary custody.

Stability and safety

The court will assess the stability and safety of each parent’s living environment. This includes factors like the safety of the neighborhood, the child’s access to education and the presence of any harmful influences.

Substance abuse or criminal history

Substance abuse issues or a history of criminal activities can be detrimental to a parent’s custody case. Courts focus on the child’s safety and well-being, and these factors may raise concerns about the parent’s ability to provide a stable and safe environment.

In Wisconsin, the determination of primary custody is a complex process that involves evaluating various aspects of the child’s life and the parents’ abilities. The child’s best interests will always be at the forefront of any decision. It is essential for parents to understand these factors and work towards demonstrating their commitment to their child’s well-being and providing a stable and loving environment.



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