Q: What are my custody and placement options in WI with safety concerns and scheduled mediation?

A: Since you're the primary caregiver and the children have lived with you continuously for over a year, the court will consider that stability as a strong factor in deciding custody and placement. In Wisconsin, the law prioritizes the best interests of the children, which includes evaluating safety concerns, the history of each parent’s involvement, and the children's existing routine. The father’s lack of contact over the past year will also weigh heavily in your favor when the court considers how to structure placement.

At your mediation session, clearly express your safety concerns and propose a schedule that reflects the children’s current needs and familiarity. You don’t have to agree to anything that makes you uncomfortable or puts your children at risk. If you're worried about unsupervised visits, you can ask for supervised placement or gradual visitation to rebuild trust and consistency. Be honest, keep the focus on the children’s welfare, and bring any documentation that supports your position—texts, messages, or notes about past attempts to co-parent.

If mediation does not result in an agreement, the matter will go before a judge who will issue a custody and placement order. Until that happens, there is no legal obligation to allow unsupervised or extended visits, especially in the absence of a current court order. You are taking responsible steps by entering mediation and protecting your children’s safety. Stay strong, stay calm, and remember—you’re advocating for their well-being every step of the way.