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Child
Placement — When can child decide?
In
the state of Wisconsin, what age does a child need to be to
determine with which parent he or she lives full time?
It’s a
general misconception that children of a certain age can decide
with which parent they can live, according to family law
attorney Maureen Kinney of Johns, Flaherty & Collins. "There is
no age where children have an absolute say as to which parent
they will live with."
Wisconsin statutes provide in case of divorce or paternity
actions that custody and physical placement is based upon a
series of factors that the court considers. There are 16
factors, but Kinney says the most common relate to
the
wishes of the parents;
the
wishes of the child which may be communicated by either the
child or appropriate professionals such as a guardian ad litem
or counselor;
interaction of the child with the parent, siblings and other
persons who may significantly affect the child’s best
interests;
the
amount and quality of time that each parent has spent with the
child in the past, any necessary changes to the parent’s
custodial roles and any reasonable lifestyle changes that a
parent proposes to make to be able to spend time with the
child in the future; and
the
child’s age and developmental needs.
The
court is directed to provide for regularly occurring and
meaningful periods of physical placement between the child and
the parent to provide predictability and stability for the
child. Regular and meaningful does not necessarily mean a 50-50
split. Additionally, the court is not to prefer one parent over
the other based on sex or race of the parent but is to consider
all facts relevant to the best interests of the child.
Kinney
noted these factors only come into play when parents are not
able to reach agreement amongst themselves. "It’s almost always
best when parents can work out these issues on their own."
For more information about
family law in Wisconsin, contact Maureen Kinney at
608-784-5678.
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