Wisconsin Parenting Plans and Custody Agreements - Laws Governing the Best Interest of the Child

Wisconsin child custody laws, found in Section 767.41other significant family members. This law is to protect
of the Wisconsin Statutes, have been made to protectthe relationships that the child has with other family
the best interest of the child. The state has legislatedmembers. It is in the best interest of the child to
guidelines so that the welfare of the child is protectedcontinue to develop a relationship with both parents, as
when the parents separate or divorce. The "bestwell as with siblings and other family members (like
interest of the child" standard is very important in thegrandparents) who have been in the child's life. A
state, and parents must do everything in their power toWisconsin parenting plan must take these relationships
comply with this directive. It especially applies as theinto account and try to preserve them.
parents create a parenting plan and custody3. Whether one parent is likely to unreasonably
agreement. All of the decisions that go into theseinterfere with the child's relationship with the other
important documents must be based on what helpsparent. Statute 767.41 has been put in place to protect
and benefits the child. Here are a few of the factorsboth parents' relationship with the child. Neither the
the state considers that affect what is best for themother or father has the right to interfere with the
child. Parents should think about these factors as theychild's relationship to the other parent. The court will not
make a plan or agreement.accept behavior by one of the parents that
1. The child's adjustment to home, school, andintentionally harms the other parent and child. This does
community. How well the child adjusts to newnot promote the child's welfare.
situations and how well the child is already settled in a4. The age of the child and the child's education and
routine is something a Wisconsin court will look at todevelopmental needs. This is an obvious factors that
determine what type of custody arrangement is bestaffects the custody agreement and parenting plan.
for the child. If a child has had a stable environmentThe plan must be personalized to meet the needs of
and is doing well in school, the state does not want thethe child. Parents need to think about the unique needs
child uprooted and forced to adjust to a completelytheir child has and strive to fulfill them. The plan should
new set of circumstances. A mother and father needadapt and change as the child grows older and the
to think about this as they make a plan.needs become different.
2. The relationship of the child to parents, siblings, and