Family Court Definitions

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In Wisconsin, when parents do not live together and as defined by State Statute 767, parents may be court-ordered to Mediation to try to determine issues related to their child(ren).

As defined by WI State Statue 767.41, 

ISSUES OF LEGAL CUSTODY AND PHYSICAL PLACEMENT

ARE NOT THE SAME.

LEGAL CUSTODY

  • The language of the Court for "LEGAL CUSTODY" means "DECISIONS" for your child.
  • The Courts identify LEGAL CUSTODY as:
    • Sole Legal Custody: 
      ONE Parent shall make the legal decisions of choice for their child
    OR
    • Joint Legal Custody: 
      BOTH Parents shall jointly make legal decisions of choice for their child.

     

  • Examples of decisions impacted by Legal Custody are:
    • Choice of school
    • Choice of doctor or dentist
    • Authorization for health, dental, mental health care (includes counseling for the child)
    • Access to school and medical records
    • The religion of the child
    • Childcare provider
    • Travel outside of the State and the United States
    • Consent to marry underage
    • Body piercings and tattoos
    • Cellphone
    • Participation in extra-curricular activities
    • Moving with the child 

    co-parenting pic 

     

PHYSICAL PLACEMENT

  • The language of the Court for "PHYSICAL PLACEMENT" means TIME with the child (previously known as "visitation").
  • The Courts identify PHYSICAL PLACEMENT as:
    • Primary Placement: 
      Your child shall live most of the time with one parent
    OR
    • Shared Placement: 
      Your child shall live with each parent an equal or almost equal amount of time with both parents. 
  • Both parents shall share in the responsibilities of meeting the day-to-day needs of the child as defined in mediation.  
  • Placement agreements on Holidays/Special Days as well as plans for vacations and school breaks take priority over regular or Day-to-Day periods of placement.

Placement priority