By Olivia Wathne, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed September 29, 2024
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When parents separate, a priority task is agreeing on child custody. These arrangements include how they will make major decisions about their minor child moving forward (legal custody). Parenting plans also explain how parents will share time with their child ("parenting time" or "physical custody," depending on the state).
If parents are unable to agree, they must argue in family court. The court will decide the best course of action in a contested case based on state child custody laws.
Wisconsin follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to minimize interstate child custody conflicts. State law also focuses on reaching an outcome that will be in the children's best interests.
This article provides a brief overview of child custody laws in the state of Wisconsin.
In Wisconsin, custody has two primary types: legal custody and physical placement.
Legal custody of the child means the right to make significant decisions about the child's life, such as education, health care, and religious upbringing. This can be joint legal custody, where both child's parents share decision-making authority and co-parent. It can also be sole legal custody, where only one parent has this authority.
Physical placement is where the child lives and the routine day-to-day care. Parents can share placement of the child. Or there may be primary placement with one parent while the other has visitation rights. The time each parent has with the child will depend on several factors, including the parties' proximity to one another and their work schedules.
A custody agreement aims to serve the child's best interests, ensuring that parents meet their needs through appropriate legal custody and physical placement arrangements.
Wisconsin child custody laws stipulate that a child's wishes may be considered when deciding legal custody and physical placement.
Learn more about Wisconsin child custody laws in the table below and links to related resources. See FindLaw's Child Custody section for more information on parental rights.
| Relevant Wisconsin child custody laws | Wisconsin Statutes Chapter 767 — Actions Affecting the Family
|
|---|---|
| Year Uniform Child Custody Jurisdiction and Enforcement Act adopted | 2005 |
| Joint custody an option? | Yes. There is a presumption for joint legal custody except in cases involving domestic violence, child abuse, or neglect. |
| Grandparent visitation rights recognized? | Yes. But, grandparents must meet specific legal requirements to win a contested case. |
| Child's own wishes considered? | Yes. See Section 767.24(5). |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
Wisconsin child custody hearings are legal proceedings in the state's circuit courts. During these hearings, a judge determines the most suitable custody arrangement for the child's well-being.
Issues related to child custody and physical placement can be in a divorce, annulment, legal separation, or paternity proceeding. They may be part of an original action or a motion to modify existing court orders. When parties do not live in the same state, courts will look to the authority of the state UCCJEA law to find the best outcome.
Family courts will encourage parents to work with their attorneys to reach a parenting agreement. Parties who can agree on custody and parenting time will often spend less on lawyers. They will also spend less time in court.
The court will place the parents on equal footing in an original action to establish custody. In most circumstances, there will be a presumption for joint custody between the parents. This presumption may be overcome when the court concludes that joint custody is not in the child's best interests.
Similarly, if the court approves a parenting time schedule that sets placement with one parent for less than 25 percent of the time, it must show why a greater amount is not in the child's best interests.
In a contested hearing, the court will consider several factors focused on the child's best interests. These include:
Under Wisconsin law, both parents show evidence and arguments about their abilities to provide a stable and supportive environment. The court weighs evidence on the best-interests factors to establish a comprehensive parenting plan. A successful plan or final court order must include a placement schedule and address legal custody (decision-making authority) and physical placement.
A final order will address the day-to-day parenting time schedule, including overnights. It will include a schedule for holidays and vacations. It may include provisions for mediation over future disagreements.
In an original case, it will likely address child support and the child's health insurance provision. It will include a formula or plan for sharing the child's out-of-pocket health care expenses and expenses for work-related childcare, school, and extracurricular activities.
Separated parents don't always agree on custody of the children or the form of the custody arrangement. There are many factors to consider in a custody case, but the court's primary concern is the child's best interests.
One of the best ways to understand the process is to seek legal advice. Talk with an experienced family law attorney today.
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