Wisconsin law mandates that family court judges provide details when a parent is awarded less than 25% parenting time in a child custody matter. The court must provide written findings of fact explaining why more placement with the parent is not in the child’s best interest, adding transparency to the child custody determination.
A judge is not permitted to award less parenting time arbitrarily, but instead must consider all relevant facts citing evidence from hearings, guardian ad litem reports, and professional evaluations. Relevant factors that a judge may consider when limiting placement include:
- History of neglect or domestic violence – evidence (including a criminal history) of child abuse, neglect, inter spousal battery, or domestic abuse that could endanger the child’s safety
- Substance Abuse Issues – significant drug/alcohol problems of parent or other household members that could expose a child to risk
- Mental or physical health – if the parents or a household member have health issues, including untreated mental illness, it may impact child’s intellectual, physical, or emotional wellbeing
- Interference or poor communication – If a parent is unreasonable or refuses to cooperate with the other parent, it may be taken into consideration along with other factors to decrease parenting time
- A child’s needs – stability with a primary caregiver may justify less time with the other parent when looking at the child’s age, developmental needs, and adjustment to changing environments
- Relationship quality and past interaction – If a child does not have a bond with one parent, typically because they have spent less quality time together, or the proposed changes fail to maximize involvement, the court may favor the parent who does have a close relationship and commits to involvement with the child
When you are divorcing and parenting time (custody) is a concern, it is important to work with an Wisconsin family law attorney with decades of experience handling complicated custody issues to be able to maximize parenting time with your child so that you can continue, or even begin, a close relationship that benefit’s your child’s well-being. Contact the family law office of Jane Probst to discuss your situation.