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8 Steps to Child Custody & Placement in a WI Court Step 1: Prepare. Do your research, and consider your options. ... Step 2: File your case. ... Step 3: Get temporary orders. ... Step 4: Attend a status conference. ... Step 5: Participate in discovery. ... Step 6: Prepare for trial. ... Step 7: Go to trial. ... Step 8: Receive final orders.
Joint legal custody is the most common custody arrangement granted by courts. Why is that? One of the most significant advantages of joint custody is that a child will grow up with influence and input from both parents.
In Wisconsin once paternity has been established, the father's rights are the same as the mother's parental rights. Under Wisconsin law, the court orders custody and placement based on the best interest of the child. And a close relationship with both parents is often beneficial for the child.
Among schedules with equal parenting time, the 2-2-3 schedule is most common. The child lives with one parent for two days, spends the next two days with the other parent, and then returns to the first parent for three days. Each week the start parent switches so that the timeshare evens out over two weeks.
How is child custody determined in Wisconsin? If parents are able to find a custody and placement plan they are both happy with, the parents determine who gets custody. However, if they cannot agree, then the court will make the decision for them.
Placement refers to where the child stays on a day-to-day basis and who makes those daily decisions for the child. In Wisconsin the standard is 50/50 joint custody, but placement will vary on several different factors.
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.
The courts operate under the assumption that it is in the best interest of the child to optimize the time with each parent. The standard is for each party to get 50/50 custody because Wisconsin assumes that joint custody is the best situation for the child.
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.