How Do I Win a Child Custody Case in Wisconsin?

 Posted on April 10, 2024 in Divorce

The first thing to note about child custody cases in Wisconsin is that there is no such thing as a guarantee that you will win, as in get the result you want. Child custody is not a simple issue, and it is taken very seriously by the courts. There are many legal elements that factor into a court’s decision in a child custody case, so if your lawyer has “guaranteed” you will win the case, it might be time to change attorneys.

That being said, an experienced lawyer can help you understand what the courts look for when deciding a child custody case and how you can improve your chances of getting the result you want.

What Do Courts Look At When Deciding a Child Custody Case?

In a child custody dispute, Wisconsin law dictates that the court look at “all facts” that concern the child’s best interests. These include, but are not limited to:

• The child’s wishes

• The parents’ wishes

• The child’s developmental and educational needs

• How the parents communicate, and if either one is being unreasonably uncooperative

• If each parent supports the other parent’s relationship with the child or tries to interfere with it

• The relationship between the child and his or her siblings

• The amount of quality time each parent has spent with the child

• Any lifestyle changes being proposed by either parent should he or she be granted custody of the child

• Whether either parent or someone in the house has a criminal record or abused drugs or alcohol

• Whether either parent has dated someone with a criminal record or who abused drugs or alcohol

• How well the child adjusts to the school, religion, community, and overall environment

• Whether any people are living by either parent who might negatively affect the child’s physical, emotional, or mental well-being

• Any reports of domestic abuse on either side

What Can I Do to Swing the Decision My Way?

A skilled attorney can explain more in-depth how you can try to influence the court’s judgment in your favor. Remember that you cannot change the past, so if you or someone you were romantically involved with has a history of drug abuse, for example, that will likely count against you. However, if you excel in other factors the court is looking for, you might be able to win a satisfactory judgment. For example:

• Be as cooperative as possible throughout the process. This is not the time to be stubborn or vindictive just because you can.

• Even if you do not like the idea of your ex spending time with your child, try to support the relationship if it is in the child’s best interest.

• Make sure your lifestyle is healthy and designed to help your child thrive. Show the court any changes you will make to your life if you are awarded the custody judgment you want.

• Demonstrate a strong understanding of the child’s developmental and educational needs. Let the court see that you know what the child requires and you are ready to provide it.

All the above factors will catch the court’s attention, especially if the other parent is lacking in those areas.

Contact a Dane County, WI Child Custody Lawyer

While there are steps you can take to increase your chances of getting a favorable judgment, keep in mind that there are still no guarantees. A qualified Rock County, Wisconsin family law attorney can go through the process with you and point out what you can do for the best chance of success. Contact John T. Fields & Associates, LLC for an aggressive attorney who can fight to get you the best result. Call 608-729-3590 today.