How to Get Full Custody of a Child in Wisconsin

An individual may be able to get full custody of their child in Wisconsin in some situations. This is an arrangement where one of the parents will be responsible for the responsibilities that are associated with raising the child.

In some specific situations, full custody can be awarded to one parent, such as when:

• One parent has a previous history of neglect or abuse
• A parent is ill, disabled, or is incapacitated for another reason
• The court has determined that one of the parents is not fit to raise their child
• A parent is incarcerated or has a negative criminal record

If a parent of a child is given full custody, it means that they will have both legal and physical custody. When one of a child’s parents has full custody, it does not indicate that the child’s other parent is not allowed to have any visitation rights.

If a parent is given full custody, they are referred to as the custodial parent. The child’s other parent is called the non-custodial parent.

A non-custodial parent in this situation will most likely be provided visitation rights with their child. How much visitation that they are given will depend on the facts of each individual situation.

What Are the Requirements for Full Custody?

It is important for parents to know that they may have to fulfill certain full custody requirements in their jurisdiction to get full custody of their child. This can include things such as demonstrating to the court that they are a fit parent who is able to prioritize the best interests of their child and giving them a stable home environment.

A parent may need to give evidence that shows that the child’s other parent is not able to care for their child because of issues including neglect, abuse, or instability. If a court is making any type of determination involving child custody, there are different factors that can be considered, such as:

• Whether there has been neglect or abuse
• Which parent can provide financial stability for the child
• The child’s custody preferences, if they are mature and old enough to express them
• Which of the parents is fit to care for the child
• The best interests of the child, including fulfilling their educational, physical, and emotional needs
• The parent who can best provide a stable home environment for their child

Are Full Custody and Sole Custody the Same Thing?

Even though many times sole custody and full custody are terms that are used interchangeably, there are differences between the two. In sole custody arrangements, custodial parents are not usually given visitation or custody rights.

When one parent is given sole custody, the other parent will most likely have to pay child support. The court only awards full custody to one parent in certain situations, including those noted previously. Typically, courts consider the best interests of the child being maintaining relationships with both parents.

In full custody arrangements, one parent has physical and legal custody. This custodial parent has the right to make decisions on their child’s behalf, which include:

• Healthcare
• Education
• Religion
• Extracurricular activities

The child will reside in the house with the parent who has physical custody. This means that this parent is responsible for the child’s:

• Food
• Clothing
• Shelter
• Other related expenses

When full custody is ordered, in some situations, a non-custodial parent will be given visitation. Full custody is an arrangement that is more demanding for custodial parents than other forms of custody, as they are responsible for the majority of aspects of raising their child.

If full custody is not available or is not awarded, other custody arrangements may be available, such as:

• Shared or joint custody
• Planned visitation
• Legal guardianship

For more information on custody arrangements that may be available in Wisconsin, an individual can have a lawyer consultation with a local Wisconsin attorney.

How Is Custody Determined?

If a court makes a child custody decision in Wisconsin, it must follow the child’s best interests standard. The court will also review the unique issues in every case, such as:

• Information about the child’s:
  • age
  • sex
  • personal characteristics
• Both parents’ physical health
• Both parents’ mental health
• The lifestyle and background of each of the parents
• Whether each parent will help their child maintain an ongoing healthy relationship with their other parent
• Custody preferences if the child is mature enough to have them and share them and are 12 years of age or older
• If the child is attached to other members in the household, such as a sibling
• If the parent will be able to give the child financial and emotional support for their child
• Environmental factors that may impact the child, including:
  • The safety of each parent’s neighborhood
  • The quality of education available in each parent’s school district
  • The proximity of each parent to the child’s extracurricular activities
• If the child has any special needs or disabilities that may cause the child to be more comfortable with or accustomed to one of their parents providing their daily specialized care

After the court makes a decision in a child custody case, a child custody order will be issued. If the parents are in a legal separation or divorce, they may need to petition the court for an order.

In certain jurisdictions, custody laws for unmarried parents provide that a mother will be awarded primary custody first until the father petitions the court for visitation or custody rights.

When Is Full Custody Awarded?

Full custody is not usually awarded to a parent just because they request it. Full custody is only awarded when the court determines it to be in the child’s best interests.

If a child’s parent wants to get full custody of their child, they should be prepared to demonstrate to the court:

• Why they would be the best choice to raise their child
  • This should be accomplished without insulting or belittling the other parent
• Documents that show they can raise and provide for their child, which may include:
  • proof of housing
  • bank statements
  • financial statements
• That the parent has not falsified or exaggerated any documents or information in their custody petition
  • If a parent does these things, they can face negative legal consequences, including contempt of court

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

If you are a Wisconsin parent who has a child custody issue or concern, it is important to consult with a Wisconsin child custody lawyer. Your lawyer will be able to help you understand the Wisconsin laws that apply to your situation as well as your legal rights.

LegalMatch provides a free and convenient way to find a lawyer near you who can help you resolve your Wisconsin custody issue or question. It only takes around 15 minutes to submit your issue on the website.

Once you do so, in around 24 hours, you will get responses from member attorneys who are licensed in the State of Wisconsin and who handle the type of legal issue you have. The messages you receive will include information about the lawyer’s fees, their background and education, and previous client reviews.

Some attorneys may also give potential clients free consultations. This can allow you to consult with multiple lawyers and find the one who best fits your needs.