Many parents who are in the midst of a divorce or child custody battle want sole custody. It is normal for a parent to want to have their child with them all the time. However, sole custody is an arrangement of last resort in Wisconsin. In most situations, courts want children to benefit from having a relationship with both parents. This is often true even if one parent has a criminal record, or has struggled with mental illness or substance abuse. Courts are generally reluctant to cut a parent off from their child completely. However, there are situations where a court will agree that sole custody is appropriate. If your child’s other parent has been abusive to your child to the point where your child gains no benefit from being around that parent, a Wisconsin court may find sole custody to be in the child’s best interest. If you believe that excluding the other parent from the child’s life is the best option, it is important to work closely with an experienced child custody lawyer.
Sole Custody May be Best for Children in Certain Situations
Wisconsin courts will put the best interests of the child first. Situations in which sole custody may be granted include:
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Abuse - If your child has been physically, sexually, or emotionally abused by the other parent, the court may find that it would be best for the child to stop seeing that parent. Although it is very helpful if the parent has been criminally charged or convicted for the abuse, it is not required. The family law court will evaluate evidence of the abuse.
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