In most cases, Wisconsin courts favor joint legal custody for minor children. Joint legal custody means that both parents have the right to make important decisions about the minor children. However, in certain instances the court can award sole legal custody to one parent, meaning that one parent has the right to make the important decisions for the children. The court and award sole legal custody for all important decisions, or for specific types of decisions, such as healthcare.
At Krajnek Law Office, as your child custody attorney in Wisconsin, I will thoroughly review your case, listen to your concerns and preferences, and outline the best course of action for you. I know you have your child's best interests at heart. To that end, I will make every effort to attain the child custody arrangement best for you and your child. Contact me online or at 920-769-5027 to schedule a free initial consultation.
Child Custody in Wisconsin
When two parents are no longer together, one of the most important matters to be decided is who will have custody of their child. In most states, there are two different types of custody that the court must consider: legal custody and physical custody.
Legal Custody
Legal custody is not related to whom the child lives with. Instead, the parent with legal custody has the legal right to make important life decisions for the child. For example, a parent with legal custody will decide where the child attends school, the child's religion (if any), and the type of healthcare they will receive. Legal custody can be joint (both parents share decision-making) or sole (one parent has the authority to make decisions). Typically, both parents share legal custody, though in many instances it is not practical nor preferable given the circumstances.
Physical Custody
Physical custody concerns where the child resides. It may be awarded solely to one parent or shared jointly between parents. A parenting plan establishes when and where the child resides.
Other Types of Child Custody
Child custody can be confusing for some people because there are many different types and terms to describe it. Aside from legal and physical custody, below are some of the most common terms used when discussing child custody.
- Joint Custody. Joint custody involves both legal and/or physical custody being shared by both parents. Parents may have joint legal custody, joint physical custody, or both. It does not necessarily mean that the child spends an equal amount of time with each parent.
- Sole Custody. Sole custody means that one parent has exclusive legal custody rights. The noncustodial parent may still have visitation rights, but they do not have the primary decision-making authority or residence.
- Primary Physical Placement. In cases of joint physical custody, there might be a primary custodial parent, meaning the child spends a significant amount of time with that parent, i.e. more than 75% of the nights.
- Noncustodial Parent. The noncustodial parent is the parent with whom the child does not primarily reside. This parent typically has placement rights and may be obligated to pay child support.
- Shared Placement. Shared placement involves a placement arrangement whereby each parent has significant placement time with the minor children, usually meaning placement for at least 25% of the nights.
- Placement or Visitation. Placement, which is sometimes also referred to as visitation, is the schedule that outlines when the noncustodial parent has access to the child. The specifics can vary and may include weekends, holidays, and extended periods during school breaks. Visitation also refers to situations where a parent may or may not have legal custody but does not have physical custody and can only visit with the child (sometimes requiring supervised visits) at certain times as outlined by a court order.
- Split Custody. In cases of multiple children, split custody may occur where each parent is granted primary physical custody of at least one child. This arrangement is not common and is generally used when it is deemed in the best interests of the children.
- Nesting Arrangement. This is another uncommon arrangement. It occurs when the child remains in one home, and the parents take turns living in that home with the child. The non-residential parent lives elsewhere when it's not their scheduled parenting time.
Child Custody Factors Courts in Wisconsin Consider
Child custody decisions are complex and are made with the best interests of the child in mind. While specific factors can vary by jurisdiction, common factors that most courts take into account when determining child custody include:
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The wishes of the child's parent or parents.
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The wishes of the child.
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The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party.
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Whether each party can support the other party's relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party.
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The interaction and interrelationship of the child with his or her siblings, and any other person who may significantly affect the child's best interest.
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The interaction and interrelationship of the child with his or her parent or parents and the amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents' custodial roles, and any reasonable lifestyle changes that a parent proposes to make to maximize placement with the child.
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Whether any people who will be around the child has or had a significant problem with alcohol or drug abuse
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The child's adjustment to the home, school, religion, and community.
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The age of the child and the child's developmental and educational needs at different ages.
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Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child's intellectual, physical, or emotional well-being.
- Whether any people who will be around the child have a criminal record or they have engaged in abuse of the child or any other child.
- Whether there is evidence of interspousal battery or domestic abuse.
- The reports of appropriate professionals.
- Any other factor that the court determines to be relevant.
These factors are not exhaustive, and the weight given to each factor can vary depending on the specific circumstances of the case and the laws of the jurisdiction involved. Additionally, custody decisions can be influenced by the unique details of each family's situation. Ultimately, if a matter affects the child, the court will likely consider it when awarding custody, even if it is not one of the factors listed above.
Our family law attorney in Wisconsin will provide specific guidance based on the relevant laws in your jurisdiction.
Contact a Child Custody Lawyer in Manitowoc Today
If you are facing a child custody issue, make certain your rights are protected by hiring our family law lawyer in Wisconsin. At Krajnek Law Office, I know how to handle child custody matters. Contact me today by using my online form or calling me directly at 920-769-5027 to schedule a free initial consultation.