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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Wisconsin, the court may consider a child's preference regarding which parent's home will be the child's primary residence after divorce or separation, but there is no specific age at which a child's preference must be considered. Wisconsin Statutes Section 767.41(5) guides that the court shall consider the wishes of the child, among other factors, when determining custody and physical placement. However, the child's preference is not determinative. The court will weigh the child's preference along with other factors, such as the parents' wishes, the child's relationship with parents and siblings, the child's adjustment to home, school, religion, and community, and the mental and physical health of the parties involved. The older and more mature the child is, the more weight the court may give to the child's preference, but the best interest of the child remains the overriding consideration in these decisions.

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Child custody

child's choice on where to live

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Wisconsin State Code

Wisconsin State Code

Child custody

child's choice on where to live

Articles