Determining the Best Interests of the Child - Wisconsin


Citation: Ann. Stat. § 48.426(2)-(3)

The best interests of the child shall be the prevailing factor considered by the court in determining the disposition of all proceedings under this subchapter. In considering the best interests of the child under this section, the court shall consider, but not be limited to, the following:

  • The likelihood of the child's adoption after termination of the parent's parental rights 
  • The age and health of the child, both at the time of the disposition, and, if applicable, at the time the child was removed from the home
  • Whether the child has substantial relationships with the parent or other family members and whether it would be harmful to the child to sever these relationships
  • The wishes of the child
  • The duration of the separation of the parent from the child
  • Whether the child will be able to enter into a more stable and permanent family relationship as a result of the termination of the parent's parental rights, taking into account the conditions of the child's current placement, the likelihood of future placements, and the results of prior placements