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Wisconsin law does not require parents to include the right of first refusal in a child custody agreement. However, this does not prevent parents from creating rules that will apply in certain situations and ensuring that children will be cared for by a parent whenever possible.
In Wisconsin, children cannot dictate where they reside but the courts may take the child's preference into consideration at about age 14 or when the child can articulate a preference and a reason for the preference. A child cannot opt to violate a court order, parents are responsible for following the court order.
751.03. (a) A court may grant a continuance in a case, upon its own motion or the motion of any party, if the ends of justice served by taking action outweigh the best interest of the public and the defendant in a speedy trial.
Wisconsin is a no-fault divorce state, meaning that the only requirement for filing for a divorce is that the spouses consider the marriage to be ?irretrievably broken? with no hopes of reconciliation. It also means that it does not matter who files for the divorce first, as there is no real advantage to filing first.
In Wisconsin, the assumption is that both parents will have custody and placement of the child. The only way that custody and placement is not split 50/50 is if you can prove that doing so would not be in the best interest of the child.
File a Response or "Answer" You must file a response within 20 days of being served in Wisconsin. The answer is a written document addressing the allegations made in the complaint.
When Can a Child Refuse Visitation in Wisconsin? Until children turn 18 or become legally emancipated, they don't have the right to refuse to visit with a parent when that's required under a court's custody order. Both children and their parents must obey the order.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.