Child Custody vs. Placement

Understanding Custody vs. Placement in Wisconsin Family Law

Custody and placement are two key concepts in family law that are often misunderstood or used interchangeably, but they are fundamentally different and, in some cases, not even related! Understanding the distinction between them is crucial, especially in the context of Wisconsin family law.

What is Custody?

In Wisconsin, child custody refers to the right of a parent to make major decisions for their child. These decisions include critical aspects such as:

• Consent to marry

• Consent to enter military service

• Consent to obtain a driver’s license

• Authorization for non-emergency health care

• Choice of school and religion

There are two types of custody:

1. Sole Custody: This means only one parent has the right to make major decisions regarding the child. In this arrangement, the other parent typically has visitation rights, but does not have a say in those significant decisions.

2. Joint Custody: In this scenario, both parents share the right to make major decisions for the child and must make these decisions together. Interestingly, joint custody can exist even if the child does not live with one parent or spend time overnight in their household. It’s also possible for a parent to have joint custody while the other parent has sole custody for matters like decision-making but with liberal visitation rights.

In Wisconsin, there is a presumption that parents should share joint custody, even in situations where the parents were never married or never lived together. Sole custody to only one parent is relatively rare.

What is Placement?

Placement, on the other hand, refers to where the child physically sleeps at night. While custody is about decision-making authority, placement focuses on the child’s physical residence. There are two main types of placement:

1. Primary Placement: This occurs when the child spends more than 75 percent of their time at one parent’s house. This is a more common situation in cases where one parent is the primary caregiver or where the child primarily lives with one parent.

2. Shared Placement: This happens when the child spends more than 25 percent of their time at each parent’s house. Shared placement is more common than primary placement and allows both parents to be involved in the child’s daily life and upbringing.

Shared placement does not necessarily mean that both parents will have equal time with the child, but rather that both parents have substantial time with the child. It is common in joint custody arrangements, where both parents share the responsibility of caring for the child, though one may still have a slightly greater role in day-to-day decision-making or supervision.

Key Differences Between Custody and Placement

• Custody is about decision-making authority for the child, including major decisions like education, healthcare, and religion.

• Placement is about where the child physically lives, either primarily with one parent or shared between both parents.

These two concepts are often confused because they both involve a parent’s rights and responsibilities in relation to their child. However, custody determines who makes the important decisions, while placement determines where the child lives and spends their time.

In Wisconsin, the legal system tends to favor joint custody, assuming that both parents are capable of sharing responsibility for their child’s well-being. However, sole custody is sometimes granted in specific situations, particularly if joint decision-making would be detrimental to the child’s best interest. Similarly, shared placement is the most common type of living arrangement, ensuring that both parents are involved in the child’s upbringing, even if one parent may have more time with the child than the other.

How to File for Primary Placement in Wisconsin

To initiate a request for primary placement, you must file a motion in family court in the county where you live. The petition will outline your request for primary placement, along with other important details such as the child’s name, age, and both parents’ information. It may also include your desired visitation schedule or any other relevant information that supports your case. Once filed, the court will follow its process to review and potentially grant the requested placement based on the facts presented.

Preparing for Custody Evaluations or Guardian Ad Litem Investigations

In some cases, the court may order a custody evaluation and/or appoint a Guardian Ad Litem (GAL) to gather more in-depth information about the child’s living situation. The GAL or evaluator may conduct interviews with both parents, visit each home, and assess the relationship between the child and both parents. To strengthen your case during these evaluations, it’s crucial to be honest and cooperative. The evaluator will consider factors such as the stability of the living environment, the child’s emotional and physical well-being, and the parents’ ability to meet the child’s needs.

Court Hearings and Documentation

During the court hearings, both parents, often through their attorneys, will have the opportunity to present evidence and arguments to support their case for primary placement. This may include a range of documents such as medical records, school reports, therapy notes, or witness statements. The goal is to present a strong, compelling case that supports your ability to provide a stable and nurturing environment for your child. The judge or commissioner will use this evidence to determine what is in the best interest of the child.

The Role of Mediation and Negotiation

Before a final decision is made regarding primary placement, the court may require the parents to attempt mediation or negotiation. This process involves working with a neutral third-party mediator to reach an agreement that is in the best interest of the child. Mediation can be a more cost-effective and collaborative approach to resolving placement issues. If mediation is successful, the court may incorporate the agreement into a final order. If mediation fails, the case will proceed to a contested hearing where the court will make the final decision.

5 Steps to Strengthen Your Case for Primary Placement

The most important factor in securing primary placement is ensuring the child’s best interest. However, there are several steps you can take to strengthen your case:

1. Maintaining a Good Relationship with Your Child: Courts consider the quality of the relationship between each parent and the child. A healthy, positive relationship can demonstrate to the court that you are emotionally invested in your child’s well-being, regardless of any personal conflicts.

2. Being Involved in Your Child’s Life: Courts value a parent’s involvement in their child’s everyday life, including attending school events, medical appointments, and extracurricular activities. Actively participating in your child’s routine shows that you are committed to their upbringing.

3. Providing a Safe and Stable Living Environment: The court will assess the living environment of each parent, focusing on safety, stability, and access to resources. Maintaining a safe, clean, and consistent home environment can strengthen your case for primary placement.

4. Demonstrating Cooperation with Co-Parenting: Effective co-parenting is critical in a custody and placement case. Courts prefer parents who are willing to communicate and cooperate on decisions related to the child’s care, even if they have separate households.

5. Seeking Legal Guidance: Navigating a custody and placement battle can be complex. It’s essential to have the support of an experienced family law attorney who can help you prepare your case, gather evidence, and represent you effectively in court.

Contact a Child Placement Lawyer Near You

If you have questions about what kind of custody and placement arrangements are best for your family, or if you would like to discuss modifying your current arrangements to something more suitable for you and your children, please contact us for a 100% confidential, no-obligation consultation. If you are searching for a custody attorney near me, contact us today.