Brazil & Benske, LLC

Best interest of the child factors

If you are going through a divorce in Milwaukee and are also figuring out custody for your children, there is a lot of stress and probably a lot of questions around how a judge makes custody decisions. Most consider what is in the best interest of the child, and there are numerous factors involved based on the living situation and age of the child.

According to the Child Welfare Information Gateway, all states require that the courts consider what is best for the child when it comes to making custody agreements. Some of the factors Wisconsin considers include the ability to provide medical care, clothing, food and a safe home as well as the importance of maintaining relationships with siblings and family. Wisconsin also considers the child's wishes when he or she is old and mature enough to understand what is going on.

The Markkula Center for Applied Ethics at Santa Clara University discusses that keeping a stable relationship with the primary caretaker is especially important in the child's early years, so this is a factor for infants and toddlers. Stability and security are big factors in the first three years of life, and keeping the child with the parent who provides this intimacy and security positively affects the developmental maturity of the child. Stable children grow up to be independent, better communicators, friendly with others, able to build relationships and curious. They also tend to be more successful in their careers and marriages. Once the child is older, the court may choose to modify the child support agreement to accommodate age-appropriate needs.


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