Wisconsin child custody is governed by Wis. Stat. § 767.41.
1. Terminology — Legal Custody and Physical Placement
Legal custody (Wis. Stat. § 767.001(2)) — right and responsibility to make major decisions concerning the child, including consent to marriage, enlistment, school choice, non-emergency healthcare, and religion.
Physical placement (§ 767.001(5)) — periods of time during which a parent has the right to have the child physically placed with that parent and during which the parent has the right and responsibility to make routine daily decisions regarding the child's care.
2. Joint Legal Custody Presumption (Wis. Stat. § 767.41(2))
The court presumes that joint legal custody is in the best interest of the child. This presumption may be rebutted only if the court finds:
A party is not capable of performing parental duties or does not wish to have an active role in raising the child.
Conditions exist at the time of the order that would substantially interfere with the exercise of joint legal custody.
The parties will not be able to cooperate in the future decision-making required.
There is evidence of interspousal battery or domestic abuse.
There is evidence of child abuse.
3. Physical Placement — Maximize Each Parent's Time (Wis. Stat. § 767.41(4)(a)(2))
The court shall set a placement schedule that allows the child to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes the amount of time the child may spend with each parent, taking into account geographic separation and accommodations for different households.
4. Best Interest Factors (Wis. Stat. § 767.41(5)(am))
The court considers:
Wishes of the child's parents.
Wishes of the child.
Interaction and interrelationship of the child with parents, siblings, and other significant persons.
Amount and quality of time that each parent has spent with the child in the past.
Child's adjustment to home, school, religion, and community.
Age of the child and the child's developmental and educational needs.
Mental and physical health of the parties, minor children, and other persons living in the proposed custodial household.
Need for regularly occurring and meaningful periods of physical placement.
Availability of public or private child care services.
Cooperation and communication between the parties.
Whether each party can support the other party's relationship with the child.
Evidence of interspousal battery or domestic abuse.
Evidence of substance abuse.
Reports of appropriate professionals.
Whether either party has ever engaged in stalking or intimidating a witness.
Whether either party has previously been ordered to pay child support.
Any other factors the court determines to be relevant.
5. Child's Preference
Factor 2 — no specific age. Courts give weight based on maturity, with significant weight to teenagers.
6. Modification (Wis. Stat. § 767.451)
Within 2 years of the order: requires modification only upon substantial evidence that the modification is necessary because the current custodial conditions are physically or emotionally harmful to the child.
After 2 years: requires a substantial change of circumstances since the entry of the order, plus best interest. There is a presumption that continuing the current allocation is in the child's best interest after 2 years.
7. Removal/Relocation (Wis. Stat. § 767.481)
A parent intending to relocate 100 miles or more within Wisconsin or anywhere outside Wisconsin must file a notice with the court 60 days in advance. The non-moving parent may file an objection. The court applies a relocation analysis with focus on best interest factors.
This is legal information, not legal advice.