Custody under Wisconsin law means "decision making." There are two types of custody, (1) "Sole custody" this means one parent makes all the major decisions involving the minor child without any input or say so from the other parent. (2) "joint custody" - both parents have equal say so and input involving major decisions involving the child's upbringing, including, health, education, and religion. The law is presumptively joint and has been that way since 1987. Assuming you are referrig to placement of the child, for you to prevail in obtaining primary placement over the mother, you would most likely have to show that she is an "unfit parent." This means she has alcohol issues, drug problems, is a criminal, has serious and documented mental health issues, has been charged with neglect or abuse of a child, or has domestic violence charges against her. The law does not favor one party placement. The law since May of 2000 requires the court to set up a schedule that allows both parents "significant and substantial periods of placement" with the children. This usually equates into either shared or equal placement. You should consider sitting down with an experienced family lawyer to determine what your chances may be under the facts of your case, the likelihood of success, and the increased expense of going through a custody battle over your child. Fathers have equal rights to children just as much as mothers do. While the laws may have been slanted in the past in favor of placing children with women over men, at least in Wisconsin, there has been an even playing field since May 2000, under most circumstances.
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