Wisconsin parents who are considering a divorce should be aware of how a preference for the primary caretaker can affect custody arrangements. While joint physical custody is often seen as the ideal scenario, the preference is usually given to the child’s primary caretaker. The primary caretaker standard emphasizes the importance of the relationship between a child and the parent he or she spends the most time with.
Family courts determine which parent is the primary caretaker by using several factors, including who is responsible for bathing, dressing, meal preparation, making health care arrangements and other aspects of general care. The courts also consider which parent is responsible for helping the child with school work, attending school functions and planning leisure activities. Each of these factors contributes significantly to the parent-child bond the courts are interested in preserving for the well-being of the child.
When both parents have had an equal share in parenting responsibility, the courts use the “child’s best interest” standard to determine custody. This standard considers factors such as the child’s wishes and the physical and mental health of each parent. The courts also consider the stability of the home environment, interaction with extended family and how the custody arrangement would affect the child’s ability to adjust to social changes after the divorce.
A divorcing parent may benefit from contacting a family law attorney for advice on custody and visitation. An attorney may also be able to provide assistance with enforcing an existing custody order if the other parent is in violation of it. In many cases, legal assistance will be advisable if negotiations between parents has broken down.
