If you and also your spouse or partner decide come go separate ways, there are a lot of vital decisions to it is in made around your future and your children future. Among the most stressful components of end a relationship once you have actually minor youngsters can be the uncertainty around how you will share custody of your children with the other parent. If you and also the child’s other parent room not able to involved a custody agreement on your own, a Wisconsin court will must decide.

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The distinction Between “Custody” and “Placement”

When people hear the word “custody” in a family members court issue they regularly think it way who will have actually physical custody end the children on a day-to-day basis. However, in Wisconsin, physical custody that the kids is commonly referred to as “placement.” location is the decision of with whom the children live top top a daily basis, and the day-to-day decision of caring for a child. Legit custody actually refers to major decision-making authority because that the boy children, consisting of decisions around the children’s education, religious upbringing, clinical care, and also more.


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How Courts decide Custody Battles

Wisconsin courts begin with a presumption that a child’s finest interests will be offered by awarding both parents joint legal custody, so every parent has the very same decision-making authority. Similarly, court attempt to do placement decisions that enable children come maximize time through each parent. Nonetheless, there are several determinants courts evaluate as soon as making custody and also placement determinations:

The child’s physical and also developmental age, and also his or her care needsThe living situation each parent can provide, considering even if it is the instance promotes stability and also consistencyEach parent’s connection with the child, consisting of which parent has actually been the main caretaker because that the childThe child’s relationship with other family members members or caregiversEach parent’s physical and also mental healthAny concerns about substance abuse or previous child abuse or residential violence top top the component of either parent or anyone else in the householdWhether the parents room able to cooperate and also communicate through each otherThe child’s wishes, if that or she is at the very least 14 year oldAny other relevant factorsJoint Custody vs. Single Custody

Depending ~ above the circumstances, the court generally determines the joint legit custody is appropriate, for this reason each parent shares duty with the other. In this case, the parents should co-parent through communicating and also agreeing through one various other about significant child-rearing decisions.

In much fewer cases, the court will certainly award single legal custody to one parent, giving that parent sole decision-making obligation for the child.

There is likewise a 3rd possibility, periodically used once the parents can not co-parent about details issues about their son or as soon as one parental is geographically remote from the child and therefore is have not to aid with problem such as school-related or clinical decisions. In such cases, the court may award one parent single decision-making authority for one or much more particular locations of the child’s treatment to avoid recurring disputes, but will then award share decision-making authority about all various other decisions.

Your Attorney can Play crucial Role in Your boy Custody Determination

Ultimately, judges have to make decisions the they think are in her children’s ideal interests, based upon the info they have obtainable at the time.

When you pick to work-related with the professional family legislation attorneys at Schott, Bublitz & Engel, you can be confident we will assist fight for the best feasible custody and also placement arrangement. Come learn an ext about how we work with clients, speak to us this day at 262.827.1700 or contact us online.


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By AnnMarie Sylla


Attorney AnnMarie Sylla concentrates her practice on litigation and also primarily practices in the locations of family law, Social security Disability, and civil litigation matters. Ms. Sylla represents clients throughout southeastern Wisconsin in complex family cases involving divorce, paternity, child custody, support and also maintenance disputes.

Disclaimer Policy: The info on this website is not legal advice, nor is that intended to be. Friend should always consult one attorney because that advice for her individual situation. Us invite friend to contact us by letter, by phone call or by email. Initial contact creates no attorney-client relationship. Please avoid sending confidential info to us until an attorney-client relationship has actually been established. 


Schott, Bublitz & Engel s.c. Has actually been conference the legal demands of clients in Wisconsin for over 26 years. Together the that company reputation has actually grown, so has the level of ours legal expertise.

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Schott, Bublitz & Engel s.c. Has been meeting the legal demands of clients in Wisconsin for over 26 years. Together the that company reputation has grown, so has actually the extent of our legal expertise.