Do you have a valid reason to ask for sole custody?

On Behalf of | Sep 16, 2021 | Divorce |

Going through a divorce in Wisconsin often means making difficult decisions. Parents frequently find that custody matters lead to conflict. Although shared custody is considered the solution in the best interests of the children most of the time, some parents still want to ask for full custody.

If your ex agrees that it would be best for the children to stay with you, then you can make those arrangements on your own. However, if your ex wants custody, then you will likely have to litigate the custody issue. When will the Wisconsin family courts agree with your assertion that it would be best for the children to be with you all of the time?

Wisconsin assumes shared custody is best

The family courts in Wisconsin should make custody decisions based on what is in the best interests of the children. Typically, that means keeping both parents as involved with the children as possible. A parent asking for sole custody in a Wisconsin divorce will have to overcome that presumption by presenting evidence about why their ex should not have parenting time alone with the children.

In cases involving instability, mental health issues, addiction and abuse, the courts may decide that limiting the access of one parent will be best for the children.

Documentation is key to contested custody claims

It’s important for parents facing a contentious custody scenario to understand that the courts won’t just take the word of one parent over the other, regardless of how serious the accusations might seem.

Corroborating evidence is crucial for a parent hoping to limit the access of their ex in contested custody proceedings. Without documentation, it may simply look like a case of a bitter ex using the children to punish their spouse.

Police or hospital records showing physical abuse of the children could help a parent gain sole custody. So could medical or legal records showing that parent has an addiction or other condition that prevents them from meeting the children’s needs. The circumstances will usually need to be serious for the court to agree to limit the parental rights of one spouse.

Discussing your concerns about shared custody in-depth can help you create a workable strategy in your upcoming Wisconsin divorce.