Legal Question in Family Law in Wisconsin

Re: child preference

A child does not get to choose a custodial parent at any age. A child's preference may be considered as young as 12 (even 10 or 11) depending on the maturity of the child and the expressed reasons. "Dad let's me smoke" would NOT be a good reason, for example, while "Unlike Mom, Dad is always there for me, has a consistent temperment and makes sure I get my homework done" would be.

On the other hand courts recognize sometimes that once a child is in high school and is ADAMANT that he/she will NOT live with (dad/mom) even on a part-time basis it is almost impossible to make him/her do so. I have seen this a number of times especially when dad's/mom's behavior is driving the divorce and that person is being mean/unreasonable to/with the other parent.

A child's preference is almost never obtained directly from the child. It usually through a guardian ad litem or child development specialist.

And please NOTE: Children almost always tell each of the parents separately just what they think that parent wants to hear. "Mom, I want to live with you." "Dad, I want to live with you." And they are being truthful both times.