Does It Help My Custody Case if My Ex Is Facing Criminal Charges?

 Posted on September 14, 2026 in Child Custody

It can help your custody case if your ex is facing criminal charges, but only under specific circumstances. This applies if the charges relate to something that actually affects your child's safety or well-being, such as domestic violence, child abuse, or substance abuse. A criminal charge that has nothing to do with parenting carries far less weight in a custody case.

If you’re entering a custody dispute in 2026, our Dane County, WI family lawyer can help you understand how much your ex's charges might actually matter.

What Does Wisconsin Law Say About Criminal History in Custody Cases?

Criminal charges do not automatically disqualify a parent from custody or placement. The court just considers the relevant facts as part of its larger best-interest analysis. Under Wisconsin Statute Section 767.41(5)(am), a court must consider all facts relevant to a child's best interests when deciding custody and placement. The law includes factors such as evidence of child abuse, interspousal battery, and domestic abuse. A parent's criminal charges or convictions may also matter when the underlying conduct relates to the child's safety or another factor the court must consider.

Does a Pending Criminal Charge Count the Same as a Conviction in a Custody Case?

A pending criminal charge means someone has been accused, not proven guilty. Because of this, a court won’t always treat an unresolved charge with the same weight as a conviction. That said, the conduct behind the charge is still very important. An alleged act of violence or a documented pattern of behavior can be relevant even before the criminal case concludes, especially if there is other supporting evidence.

Types of Criminal Charges That Matter Most in a Wisconsin Custody Case

Not all criminal charges carry equal weight. Charges most likely to influence a custody decision typically involve conduct directly tied to parenting or safety, including:

• Domestic violence or interspousal battery charges
• Child endangerment or child neglect charges
• Drug or alcohol-related offenses, especially those involving driving with a child in the vehicle
• Charges involving harm to another child, even one outside your family

Charges unrelated to parenting, home life, or safety generally have far less bearing on the outcome.

How Does Domestic Violence Affect Child Custody Decisions in Wisconsin?

Domestic violence can have a major effect on custody. Under Wisconsin Statute Section 767.41(2)(d), if the court finds that a parent engaged in a pattern or serious incident of interspousal battery or domestic abuse, the law presumes that awarding sole custody or joint legal custody to that parent would harm the child and would not be in the child's best interest.

The parent can present evidence to try to overcome this presumption. However, the domestic violence finding can make it much harder for that parent to receive legal custody.

How Domestic Violence Findings Affect Placement

Beyond legal custody, evidence of domestic violence can also shape decisions about physical placement (the term in Wisconsin for physical custody). This includes whether unsupervised time with a parent is appropriate.

The Role of Protective Orders

An existing restraining order or protective order related to the alleged conduct can serve as additional evidence for the court to consider. This is separate from the criminal case itself.

How Do You Present Evidence of a Parent's Criminal Charges in Custody Court?

Simply mentioning that your ex is facing charges is usually not enough on its own. Courts want documentation. This can include police reports, certified court records, or testimony that connects the alleged conduct to a real risk for your child.

A guardian ad litem, which is an attorney appointed to represent the child's interests, often plays a significant role in gathering and evaluating this kind of evidence.

What Mistakes Should You Avoid When a Parent Faces Criminal Charges in a Custody Case?

It can be tempting to bring every detail of an ongoing criminal case into your custody dispute. But courts respond better to focused, relevant evidence than to an overwhelming volume of unrelated information.

Avoid exaggerating the seriousness of a charge beyond what the actual record supports. Resist the urge to use the situation to punish your ex rather than to protect your child. Courts pay close attention to motives that seem more personal than protective. It also helps to keep your own conduct above reproach during this period. A court weighing one parent's conduct will often scrutinize both parents' behavior along the way.

Contact Our Madison, WI Child Custody Attorney Today

Custody cases involving a parent's pending criminal charges require a careful balance between protecting your child and presenting your case in a way the court takes seriously. At John T. Fields & Associates, LLC, our attorney takes an aggressive approach when it counts. He will fight hard to protect your child and ensure your side of the story is told.

If your custody case involves an ex facing criminal charges, call 608-729-3590 to contact our Dane County, WI family lawyer.