How Wisconsin Courts Determine the Best Interests of the Child

 Posted on May 07, 2025 in Child Custody

In Wisconsin, child custody encompasses the legal rights to decision-making and the physical responsibilities involved in parenting. Before determining the final custody order, the court carefully considers how the distribution of these parental obligations will impact the child’s best interests. To do that, a judge considers several factors. Before you file for custody or if the other parent of your child has already filed for custody, consider speaking with an experienced Dane County, WI child custody attorney to learn more about your rights and the legal process.

What Factors Influence the Court's Decision In an Illinois Custody Case?

The factors considered in custody and physical placement determinations are outlined in Wisconsin law, and they were specifically designed to ensure that the child’s best interests are protected when creating a custody order. These factors include:

• The child’s wishes, which hold more relevance if the child is more mature and the wishes can be communicated by the child or their guardian ad litem

• The wishes of both parents, including any proposed plan for legal and physical custody

• Each parent’s ability to support the other parent’s relationship with the child

• How well the parents cooperate and communicate

• The child’s relationship with parents, siblings, or any other person who affects their best interests

• Whether either parent, their significant others, or anyone living with them has an issue with alcohol or drugs or has a criminal record involving abuse

• How the child adjusts to the home, school, community, and religion

• The child’s age, needs, and current well-being, including their mental and physical health

• Any reports written by appropriate professionals

Because each case is carefully considered based on the details unique to the situation, other factors that the court deems relevant may play a role in determining custody.

Can a Custody Order Be Changed in Wisconsin?

Under specific circumstances, Wisconsin family courts will modify custody agreements. However, you have to prove a significant change in circumstances and show that changing the custody arrangement serves the best interests of the child. For example, if one parent needs to relocate or has a substantial change in medical needs, the court can adjust parenting time or legal custody to accommodate those changes. Modification may also come up if one parent is found to be unfit.

Contact a Madison, WI Child Custody Attorney Today

Child custody orders can be challenging to modify, making it that much more important to ensure you have every option available to help you reach the most favorable outcome from the start. If you have questions about how Wisconsin family courts handle custody cases, call 608-729-3590 to speak with a Rock County, WI child custody lawyer at John T. Fields & Associates, LLC and schedule your initial consultation today.