What Does "Custody" Mean in Wisconsin?

In Wisconsin, "custody" is divided into two main components:

  • Legal Custody: This refers to the right and responsibility to make major decisions regarding a child's upbringing. This includes decisions about education, healthcare, religious instruction, and non-emergency medical care. In most cases, courts will grant joint legal custody to both parents, meaning they share these decision-making responsibilities.
  • Physical Placement: This refers to the schedule of when the child lives with each parent. It outlines the day-to-day care and responsibility for the child. Physical placement can be shared equally (50/50), or one parent may have primary placement with the other having periods of visitation.

It's important to note that a parent can have joint legal custody even if they have limited physical placement, and vice versa.

The "Best Interests of the Child" Standard

The overarching principle guiding all custody and placement decisions in Wisconsin is the "best interests of the child." Wisconsin Statutes § 767.41 outlines a comprehensive list of factors a court will consider when determining what is in a child's best interest. These factors include:

  • The wishes of the child (if the child is old enough to express a reasoned preference).
  • The wishes of the parents.
  • The child's interaction and interrelationship with parents, siblings, and any other person who may significantly affect the child's best interest.
  • The child's adjustment to the home, school, religion, and community.
  • The mental and physical health of the parties, the child, and any other person who may significantly affect the child's best interest.
  • The availability of child care services.
  • Whether one parent is likely to unreasonably interfere with the child's relationship with the other parent.
  • Whether there is evidence of domestic abuse, child abuse, or neglect.
  • The amount and quality of time that each parent has spent with the child in the past.
  • Any other factors the court determines to be relevant in a particular case.

How is Custody Determined?

  1. Mediation: In Wisconsin, if parents cannot agree on a custody and placement plan, they are often required to attend mediation. A neutral third party helps parents communicate and try to reach a mutually agreeable solution. Mediation can save time, money, and reduce conflict.
  2. Parenting Plan: If an agreement is reached (either through mediation or direct negotiation), parents will create a "Parenting Plan" that outlines legal custody and physical placement schedules. This plan is then submitted to the court for approval.
  3. Guardian ad Litem (GAL): In contested cases, the court may appoint a Guardian ad Litem (GAL). The GAL is an attorney appointed to represent the best interests of the child. They will investigate the family situation, interview parents, children, and other relevant individuals, and make recommendations to the court.
  4. Court Decision: If parents cannot agree, and mediation and the GAL's recommendations don't lead to a resolution, a judge will make the final decision after a hearing or trial, considering all the "best interests of the child" factors.

Important Considerations:

  • Initial Orders: During the divorce process, temporary orders for custody and placement may be established to provide stability for the child while the case is ongoing.
  • Modifying Orders: Once a custody and placement order is in place, it can be modified if there has been a "substantial change in circumstances" since the last order was issued and the modification is in the child's best interest.

Where to Find Help:

Wisconsin Law:

  • Wisconsin Statutes Chapter 767 - Actions Affecting the Family: This chapter contains the specific laws regarding child custody and placement in Wisconsin. You can access it through the Wisconsin State Legislature website:https://docs.legis.wisconsin.gov/statutes/statutes/767

Resources:

  • Wisconsin Court System - Family Law: This website provides a wealth of information and forms related to family law matters in Wisconsin:https://www.wicourts.gov/forms1/family.htm
  • State Bar of Wisconsin - Lawyer Referral and Information Service: If you need help finding an attorney, this service can connect you with qualified legal professionals:https://www.wisbar.org/(Look for their "Find a Lawyer" section)

Lawyers Specializing in Family Law:

Finding the right lawyer is crucial. Look for attorneys with extensive experience in Wisconsin family law, particularly child custody cases. Here are a few well-regarded firms (this is not an endorsement, but a starting point for your research):

  • Sterk Family Law Group, P.C.: While based in Illinois, they often handle cases in border areas and have a strong reputation in family law. (You'd need to confirm their Wisconsin licensure and practice areas for your specific location).https://sterkfamilylaw.com/
  • A discussion with a local Bar Association in Wisconsin: It is crucial to search for local attorneys with expertise in family law within your specific county or region of Wisconsin. A good starting point would be the State Bar of Wisconsin (linked above) or directly searching for "family law attorneys [your city/county], Wisconsin."

Disclaimer: This article provides general information and is not legal advice. It is essential to consult with a qualified Wisconsin family law attorney for advice regarding your specific situation.

The information provided in this article is for general informational purposes only and does not constitute legal advice. You should consult with a qualified attorney for advice regarding your individual situation.

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