Best-interest-of-the-child factors by state
In a custody dispute between two fit parents, courts apply the “best interest of the child” standard — a list of factors set by each state's statute that a judge (and any Guardian ad Litem) weighs. Pick your state to see those factors, quoted verbatim from the controlling statute, with a citation and what's at stake if a factor goes unaddressed. General information, not legal advice.
Loading factors…
Wisconsin compared with Wisconsin
Factors are grouped into common categories by their plain-language label, so "similar" means the same kind of consideration, not identical statute wording. Baseline: Wisconsin, Wis. Stat. § 767.41(5)(am)1..
- Enumerated statutory list
- Source link: official government site
- Wis. Stat. § 767.41(5)(am)1.
| Category | WI | WI |
|---|---|---|
| Child's wishes / preference | Yes | Yes |
| Parents' wishes / plans | Yes | Yes |
| Child's relationships with parents and family | Yes | Yes |
| Siblings | Yes | Yes |
| Parent cooperation / supporting the other parent | Yes | Yes |
| Adjustment to home, school, community | Yes | Yes |
| Physical and mental health | Yes | Yes |
| Domestic violence / abuse / harm | Yes | Yes |
| Substance abuse | Yes | Yes |
| Child's age, needs, development | Yes | Yes |
| Parent availability / time with child | Yes | Yes |
| Safety, criminal history, offenders | Yes | Yes |
| Reports of professionals / GAL | Yes | Yes |
| Any other relevant factor | Yes | Yes |
Only in WI Only in WI Both
The stronger the blue, the more of Wisconsin's categories the state covers. Dashed border = no statutory list (case law). Dot = source link is a secondary host, not an official site. Each tile's full description is read out by screen readers.
Factors are quoted from each state's controlling statute; courts weigh them together (no single factor decides), and many states require findings on each. Educational reference only — not legal advice. Your court order and your state's current statute control.