[WI] Can a child petition the court for a change in custody?
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In Wisconsin, a child’s opinion matters, but a child cannot file on their own for a custody change. A parent (or sometimes another adult) must file to modify custody/placement. At 13, the child’s wishes are taken seriously but aren’t decisive; the court applies the “best interest of the child” standard (Wis. Stat. § 767.41(5)).
The court can appoint a Guardian ad Litem (GAL) to represent the child’s best interests; the GAL interviews everyone and makes a recommendation (§ 767.407).
For a change, the father should file a motion/petition to modify the existing order and show a substantial change in circumstances since the last order. If the last order is <2 years old, he must also show the current arrangement endangers the child’s physical or emotional health. Examples you mentioned—unstable housing, unsafe conditions, alcohol abuse, verbal abuse—can qualify as substantial changes.
Process: file a Notice of Motion and Motion to Change in Wisconsin court; strengthen with evidence (police/social services reports, witnesses), not just the child’s statements. Speaking with a Wisconsin family law attorney will help ensure the petition is filed correctly and the child’s interests are protected. Legal aid/pro bono may be available if cost is an issue.
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Question is about a change in child custody. Can a child (age 13) petition the court?
I understand your concern about a potential custody change. Has the child expressed a preference for living with one parent over the other?
Child has talked about fear/concern living with her mom due to the male friend who owns the home they’re staying in. Child is with father until end of summer. It sounds unsafe—frequent visitors and questionable activity.
Are there specific reasons or changes in circumstances leading to this request now?
Mom’s alcohol abuse leads to a lot of verbal abuse that sometimes turns into fights. The male in the house asks her uncomfortable, personal (female-related) questions. Mom’s had unstable housing for ~6 months, including living in their car.
Is there anything else the family lawyer should know before I connect you?
No.
Hello and thank you for reaching out! I’m Jon, a licensed attorney with 13+ years’ experience. I’ll make things clear and guide you toward the right solution. You want to know if the child can petition the court?
Yes. And whether it’s better for the father to request custody instead of the child petitioning.
What state is this in?
Milwaukee, Wisconsin.
Understood! Anything else to add before I start?
I’m the grandmother (mom is my daughter). I’m afraid for the child’s safety due to the mother’s lifestyle.
In Wisconsin, a child’s opinion matters, but a child cannot file on their own for a custody change. A parent (or sometimes another adult) must file to modify custody/placement. At 13, the child’s wishes are taken seriously but aren’t decisive; the court applies the “best interest of the child” standard (Wis. Stat. § 767.41(5)).
The court can appoint a Guardian ad Litem (GAL) to represent the child’s best interests; the GAL interviews everyone and makes a recommendation (§ 767.407).
For a change, the father should file a motion/petition to modify the existing order and show a substantial change in circumstances since the last order. If the last order is <2 years old, he must also show the current arrangement endangers the child’s physical or emotional health. Examples you mentioned—unstable housing, unsafe conditions, alcohol abuse, verbal abuse—can qualify as substantial changes.
Process: file a Notice of Motion and Motion to Change in Wisconsin court; strengthen with evidence (police/social services reports, witnesses), not just the child’s statements. Speaking with a Wisconsin family law attorney will help ensure the petition is filed correctly and the child’s interests are protected. Legal aid/pro bono may be available if cost is an issue.
This is very helpful. I’ll see how dad and I can work together in the child’s best interest.
Glad to hear it—happy to help further if needed.
One quick question: Do grandparents have a right to seek visitation if our relationship becomes fractured? I don’t anticipate this, just asking.
In Wisconsin, grandparents don’t have automatic visitation rights. You must petition and prove by clear and convincing evidence that denying visitation would harm the child, and show you have a substantial, meaningful relationship. Courts give deference to a parent’s decisions, so the standard is high. An experienced family law attorney can guide you through the process.
Thank you. Likewise.
You’re very welcome. Glad I could help!
