767.41(5)
(5)
Factors in custody and physical placement determinations. 767.41(5)(am)(am) Subject to pars.
(bm) and
(c), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars.
(bm) and
(c), the court shall consider all of the following factors, which are not necessarily listed in order of importance, in making its determination:
767.41(5)(am)1.
1. The wishes of the child's parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial.
767.41(5)(am)2.
2. The wishes of the child, which may be communicated by the child or through the child's guardian ad litem or other appropriate professional.
767.41(5)(am)3.
3. The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party.
767.41(5)(am)4.
4.
Whether each party can support the other party's relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party.
767.41(5)(am)5.
5.
The interaction and interrelationship of the child with his or her siblings, and any other person who may significantly affect the child's best interest.
767.41(5)(am)6.
6.
The interaction and interrelationship of the child with his or her parent or parents and the amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents' custodial roles, and any reasonable lifestyle changes that a parent proposes to make to maximize placement with the child.
767.41(5)(am)7.
7.
Whether any of the following has or had a significant problem with alcohol or drug abuse:
767.41(5)(am)7.c.
c.
A person who resides, has resided, or will reside regularly or intermittently in a proposed custodial household.
767.41(5)(am)8.
8.
The child's adjustment to the home, school, religion, and community.
767.41(5)(am)9.
9.
The age of the child and the child's developmental and educational needs at different ages.
767.41(5)(am)10.
10.
Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child's intellectual, physical, or emotional well-being.
767.41(5)(am)11.
11.
Whether any of the following has a criminal record or whether there is evidence that any of the following has engaged in abuse, as defined in s. 813.122 (1) (a), of the child or any other child or neglected the child or any other child:
767.41(5)(am)11.c.
c.
A person who resides, has resided, or will reside regularly or intermittently in a proposed custodial household.
767.41(5)(am)13.
13.
The reports of appropriate professionals if admitted into evidence.
767.41(5)(bm)
(bm) If the court finds under sub.
(2) (d) that a parent has engaged in a pattern or serious incident of interspousal battery, as described under s.
940.19 or
940.20 (1m), or domestic abuse, as defined in s.
813.12 (1) (am), the safety and well-being of the child and the safety of the parent who was the victim of the battery or abuse shall be the paramount concerns in determining legal custody and periods of physical placement.
767.41(5)(c)
(c) Except as provided under ch.
324, if a parent is a service member, as defined in sub.
(2) (e) 1., the court may not consider as a factor in determining the legal custody of a child whether the service member has been or may be called to active duty in the U.S. armed forces and consequently is, or in the future will be or may be, absent from the service member's home.
