Wisconsin child custody attorneys answer frequently asked questions about child custody laws in Wisconsin and how custody is decided. In Wisconsin, custody refers to decision-making authority, and it is most common for custody to be held jointly between the parents. Pursuant to statute, the court is required to presume that joint legal custody is in the best interest of the children. It is in the present best interest of the minor children of the marriage for the parents to have joint legal custody if both parents are fit and proper persons to have joint legal custody. The placement order addresses where and with whom the child actually spends time. Under most circumstances, when a court sets a parenting schedule in a placement order, it is required to set a schedule that allows the children to have regularly occurring, meaningful periods of physical placement with each parent that maximizes the amount of time the child may spend with each parent. The parties are required to consult and attempt to reach agreement with respect to major decisions affecting the lives of the minor children. Each of the parties is required to provide advance notice to the other regarding these major decisions so as to facilitate co-parenting communication, cooperation, and mediation if necessary. Sole legal custody is the condition under which one party has legal custody, or sole authority, to make decisions.
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