How is custody determined in a military divorce?

In Wisconsin, custody determinations in a military divorce are made similarly to civilian divorces. Wisconsin courts prefer to award joint legal custody, meaning that both parents continue to have rights and responsibilities over major decisions concerning the child. However, if it is in the best interest of the child, the court may award sole legal custody to one parent. When it comes to physical custody, the court will determine a parenting schedule that is in the child’s best interests. This is where the court will evaluate the parent’s individual schedules, such as work hours, travel, and other obligations. The court takes into consideration the special needs of the children and the military service member’s deployment schedule, if applicable. The court will also consider how far away the service member is geographically. If the service member is stationed in another state, the court will consider if there is a way to make the parenting plan practical when factoring in the distance. The court must also look into the parenting abilities of the service member. In addition to looking at the service member’s parenting abilities, the court will look at how much time the service member spends away from the family due to military service. The court will take into consideration the best interests of the children while crafting a parenting plan.

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