Domestic Violence and Wisconsin Family Court

Custody Basics

Custody determines who has the legal right and responsibility to care for a child. It typically involves two main types: physical custody, referring to where the child lives, and legal custody, involving decisions about the child’s upbringing, health, and education. Courts prioritize the child’s best interests, focusing on stability, safety, and emotional well-being when awarding custody.

Raising Domestic Violence Concerns

When domestic violence is involved, it is crucial to bring these concerns to the court’s attention. Evidence such as police reports, restraining orders, medical records, and witness statements can support claims that the child’s safety or well-being may be at risk. Courts are increasingly aware of the impact of domestic violence and factor it heavily in custody decisions to protect children and survivors.

Evaluation Factors

Judges consider multiple factors when evaluating custody arrangements, including each parent’s history and relationship with the child, the child’s needs, each parent’s ability to provide a safe environment, and any past or present domestic violence or abuse. The court may also order custody evaluations or appoint guardians ad litem to investigate and make recommendations based on the family’s circumstances.

Interaction with Restraining Orders

Restraining orders can impact custody by restricting contact or visitation where the court finds a risk of harm. While a restraining order does not automatically determine custody, it signals serious safety concerns the court must address. Parents subject to restraining orders may face supervised visitation or limitations to ensure the child’s and survivor’s protection. It is important to work with your attorney to navigate these overlapping legal protections effectively.

For additional support and resources, visit DV Support.