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Legal Information: Wisconsin

Custody

Updated: 
December 14, 2023

Who can get custody?

At least one of the child’s parents is entitled to custody, unless there is clear and convincing evidence that both parents are unfit. If the judge finds that neither parent is able to care for the child adequately, the judge may decide that the child is in need of protection or services and transfer legal custody of the child to:

  • a relative of the child;
  • a county department:
  • a licensed child welfare agency; or
  • the department of children and families.1

1 Wis. Stat. § 767.41(3)(a)

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