The Wisconsin Order for Change in Placement (Out-of-Home to In-Home Placement Only) is a court order that allows a child in out-of-home care to be placed in an in-home setting. This order is issued by the circuit court of the county in which the child resides and is based on the child’s best interests. It is intended for children who have been removed from their homes due to abuse, neglect, or other family issues, and who may be at risk of further harm if left in an out-of-home placement. The order requires the Wisconsin Department of Children and Families (DCF) to arrange an in-home placement for the child, as well as provide comprehensive services and supports to ensure the child’s safety and well-being. There are two types of Wisconsin Order for Change in Placement: the standard order and the expedited order. The standard order allows for a longer process of finding an appropriate in-home placement and providing services and supports. The expedited order allows the DCF to expedite the process if the child is in immediate danger.
Wisconsin Order for Change in Placement (Out-of-Home to In-Home Placement Only)
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FAQ
In Wisconsin, child placement refers to where the child lives, whereas child custody is the legal decision-making authority for your child. The Wisconsin courts will determine the best interest of the child and award either joint legal custody or sole legal custody.
Placement - Period of time a child spends in the care of a parent. Primary Placement - Where the child lives most of the time. Shared-Placement - The child lives with each parent at least 25% of the time.
In Wisconsin, joint legal custody or 50/50 custody gives both parents an equal share of the legal responsibilities of caring for their children. Joint physical custody maximizes the time the child has with both parents. Shared custody schedules work to give the child equal amounts with each parent.
A substantial change in circumstances may arise when a child custody order is modified and the parent paying support becomes the custodial parent, when a medical issue arises, when a parent has a significant change in income such as a job loss, or when a parent is put in jail.
The percentage is based on the number of kids to be in primary placement of a parent: For 1 child, it's 17% of gross income; For 2 children, it's 25% of gross income; For 3 children, it's 29% of gross income; For 4 children, it's 31% of gross income; For 5+ children, it's 34% of gross income.
How do I change my child's placement in Wisconsin? In Wisconsin, you can change your child's placement either by agreement with the other parent or by filing for a post-judgment modification through the courts.
In Wisconsin, ex parte child custody refers to a legal action in which one parent can request temporary custody of a child without giving notice to the other parent. This is typically done in emergencies where the child's safety or well-being is at risk and immediate action is needed.
Custody and placement are determined by the agreement of parents or by court order. The court will issue an order following a trial or evidentiary hearing on the matter.