Wisconsin Child Custody Laws

Wisconsin child custody laws depend on interpretation from lawyers and judges in the courtroom. According to Wisconsin statute 767.41 the party seeking sole or joint custody must file a parenting plan with the court. This parenting plan includes:

Whether the parent is seeking sole or joint custody
Where the parents work and what hours he or she works
Where the child will go to school
Information on the child’s primary care physician
How holidays will be divided

A full parenting plan includes more exhaustive information. Attend one of our seminars to see more information about parenting plans. Typically a court will only grant sole custody if it’s determined to be the child’s best interest.

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How to get custody of your child

You will need to prove that granting you custody is in the best interest of the child. Things you can do to help prove your case include:

Getting a good lawyer
Familiarize yourself with Wisconsin’s child custody laws
Consider potential witnesses in your child custody case (i.e. family members, friends, neighbors)

However, the court will not grant custody if it finds that you refuse to cooperate with your spouse AND your refusal to cooperate with your spouse is deemed unreasonable to the court.

Placement vs. Custody

Custody refers to the legal right to make decisions concerning a child while placement is the period of time a child spends with each parent. Placement typically falls under one of the following categories:

Primary placement—the child is with one parent most of the time
Shared placement—the child is with each parent at least 25% of the time
Split placement—there are multiple children and each parent has primary custody of different children

Matters of legal custody and placement are separate from child support.

Child custody law FAQs

What does legal custody mean?

Legal custody involves the responsibility of making decisions about a child’s life. These decisions include important aspects such as school, religion, medical care, counseling and housing.

At what age can a child refuse visitation in Wisconsin?

There is no exact age, but it is difficult for the court to enforce once the child reaches their teen years.

What are Wisconsin custody laws for moving out of state?

If a parent has custody then they need to provide notice to the other parent at least 60 days before you move.

What age can a child decide which parent to live with in Wisconsin?

Children 14 years old or older can select the parent. The judge awards custody based on whether or not it’s in the child’s best interest.