What does “best interests of the child” mean in Wisconsin?
“Best interests of the child” is the governing standard Wisconsin courts use when deciding legal custody and physical placement. It does not mean simply choosing the parent the court believes is more likable or more successful. The court must evaluate the statutory factors and the circumstances of the particular child and family.
The factors include the parents’ proposals; the child’s wishes when properly communicated; relationships with parents, siblings, and other significant people; the child’s adjustment to home, school, religion, and community; developmental and educational needs; the parents’ mental and physical health as it affects the child; cooperation and communication between the parents; support for the child’s relationship with the other parent; and other facts relevant to the child’s physical and emotional well-being.
Domestic abuse receives special treatment under Wisconsin law. When the required findings concerning domestic abuse are made, safety considerations and statutory presumptions can significantly affect the custody analysis.
No single factor automatically controls in an ordinary case. The court weighs the evidence as a whole and enters the custody and placement arrangement it determines serves the child’s best interests.
