Your Child’s Wishes and Custody Litigation

 Posted on November 08, 2024 in Child Custody

Wisconsin courts aim to decide all child custody cases in the child’s favor. Judges decide how much time a child should spend with each parent and which parent to give legal decision-making duty to based on the child’s best interests. However, deciding what type of child custody plan is best for the child can be challenging for judges who do not know the child or parents personally and can only make a decision based on the information presented in court. One factor the courts use to decide who to place a child with is the child’s own wishes. In high-conflict litigation and in cases where both parents can offer very similar lifestyles, the child’s preferences may be very important. An experienced Dane County, WI child custody litigation lawyer can help you understand the role your child’s wishes will likely play in your case.

The Child’s Age and Maturity Level Matters 

Courts are more likely to act based on the word of an older child with a well-reasoned explanation for wanting to live with one parent over the other. For example, say your 16-year-old daughter wants to live with you because her other parent is moving out of state, which would compromise her residency and trigger out-of-state tuition costs at the university she plans to attend. The court would likely take her preference very seriously.

Very young children often lack the capacity to understand their own self-interest. A five-year-old boy might want to live with his mother because she lets him eat ice cream for dinner and skip school to go on fun outings. Courts tend to take the wishes of small children with a grain of salt but may still try to factor the child’s wishes into their decision-making. The court may still place a child with his father because the father is the more responsible parent, but might try to maximize the time the child spends with his mother on weekends and holidays.

A Child’s Preferences as a Tie-Breaker 

When both parents can offer very similar lifestyles, and both have the same type of bond with the child, courts might struggle to decide which parent should have primary custody in a situation where 50/50 custody is not feasible. If both parents work 9 am-5 pm, earn about the same amount, share childcare duties equally, have no extended family in the area, and are both safe people for the child to be alone with, the court might use the child’s preferences as a tie-breaker. If you and your co-parent have more similarities than differences in the court’s eyes, your child’s preferences might be very important in your case.

Contact a Madison, WI Child Custody Litigation Attorney

John T. Fields & Associates, LLC is committed to fighting for parents and their children. Experienced Dane County, WI child custody lawyer John T. Fields will fight to win your case. Contact us at 608-729-3590 for a confidential consultation.