• Domestic abuse and child custody considerations in Wisconsinchildren fishing image by Warren Millar from Fotolia.com
  
  Wisconsin law dictates that the best interests of the child directs all decisions relating to the custody of minor children in divorce, legal separation and paternity cases in the state. Domestic abuse plays a role in the determination of child custody issues pursuant to the provisions of Wisconsin law.
  
  

Child Abuse

• A parent who abused (or neglected) a child faces severe restrictions in regard to custody matters. Under Wisconsin law a court will prevent the parent from having physical custody of the child. Moreover, the court may preclude the parent from sharing legal custody of the child. Legal custody involves the right of a parent to participate in decision-making for the child. Finally, Wisconsin law permits elimination of parenting time or visitation. At best, an abusive parent may obtain supervised visitation.
  
  

Spousal or Partner Abuse

• Historically, a theory permeated family law that simply because a parent abused his spouse or partner did not mean that he threatened his child. More recently, most family courts take the position that abuse of a spouse actually translates to emotional abuse of the child. A parent found to abuse a spouse or partner faces restrictions on child custody. That parent is highly unlikely to share physical custody with his spouse or partner. There is a possibility under Wisconsin law that the abusive parent might share legal custody--the ability to participate in making decisions for the child. Parenting time or visitation likely will be allowed provided there is no evidence that the parent in question abused the child directly.
  
  

Restraining Order

• Many domestic abuse cases result in restraining orders. Under Wisconsin law, a restraining order trumps any pre-existing custody and parenting time or visitation order. In other words, the parent accused of abuse must follow the terms of the restraining order no matter what a standing custody order provides.