Wisconsin courts determine legal custody and physical placement according to the best interests of the child. The court does not simply decide which parent is the “better parent,” nor does Wisconsin law automatically require equal placement. Instead, the court must consider the facts of the particular family and the statutory best-interest factors contained in Wis. Stat. § 767.41. Wisconsin appellate courts recognize that custody and placement decisions are committed to the circuit court's discretion when the court applies the correct legal standards to the facts of the case and reaches a reasonable result.
Among the considerations are the parents' proposed arrangements; the child's wishes when appropriately communicated; the child's relationships with parents, siblings, and other significant people; the amount and quality of time each parent has spent with the child; the child's developmental and educational needs; the child's adjustment to home, school, religion, and community; the parents' ability to communicate and cooperate; each parent's support of the child's relationship with the other parent; and other facts affecting the child's physical and emotional well-being. The court must consider all facts relevant to the child's best interests rather than deciding the case on any single factor.
A parent's past role can therefore matter, but it does not necessarily determine the future schedule. The court may consider necessary changes in parental roles and reasonable lifestyle changes a parent proposes to make in order to spend more time with the child.
Domestic abuse receives special treatment. When the court finds a pattern or serious incident of interspousal battery or domestic abuse, Wisconsin law imposes additional custody presumptions and makes the safety and well-being of the child and the victimized parent paramount concerns in determining custody and placement. Placement may also be subject to safety conditions when appropriate.
Ultimately, the judge establishes the custody arrangement and placement schedule the court concludes serves the child's best interests. If custody or placement is contested, the court must explain why its findings concerning custody or placement are in the child's best interests.
