A parent who wishes to gain custody of a child in Wisconsin must follow the laws that are set forth by the state. These laws also apply to grandparents and other family members who want to try to gain custody of a child. If these laws are not followed, then the child could be placed with another family member or placed in a foster home if there are no other family members willing to take the child.
In regards to child custody, one parent must prove that he or she is a better fit for the child than the other. A judge will often look at what is in the best interest of the child as well as what each parent wants. However, just because a parent wants to keep the child on a full-time basis does not mean that it will happen. The judge will look at the relationships that the child has with all family members and siblings. Other aspects include how long the child has been at his or her school and how well the child fits in with the community.
There are a few things to keep in mind with child custody in Wisconsin. The judge could allow joint custody where both parents share time spent with the child. If there is more than one child in the relationship, the judge can split the children between two homes. Most judges will look to keep siblings together, especially those who are younger.
Parents who do not have custody can speak with an attorney about visitation rights. There can be a visitation schedule set for every weekend, once a month or on a supervised basis. Some children will spend weeks at a time with one parent and other weeks with the other parent. A lawyer may help an individual to present their case and try to gain the best custody agreement for them.
Source: Wisconsin State Legislature, “767.41 Custody and physical placement.“, November 11, 2014
