Custody/Placement

mother buckles child in winter clothes into car seat - custody and placement practice area

When your marriage ends, your role as a parent does not. You love your children, and it is hard to suddenly have to share their time. The court expects you to keep the “best interests of your children” above your own needs and attitudes about your spouse. Both parents should be a part of the decisions involving what is best for their children, but that is not always easy or possible. That is why Wisconsin courts require parents to attend a Parenting Class before their divorce can be finalized. They want parents to understand the effect divorce has on their children, and teach them to lessen that Impact, If possible. Wisconsin courts recognize legal custody and physical custody. Joint legal custody requires both parents participate in making major life decisions on behalf of the child. Sole legal custody with one parent is usually only granted when one parent is not currently fit to make major life decisions for the child.

Physical custody or Placement is where the child resides. Placement can be primary with one parent or shared by both parents in a variety of ways crafted by the parents or ordered by the court after considering what is in the best interests of the child. The courts need to help parents develop a schedule that allows each parent to have “regularly occurring, meaningful periods of placement” with their children whenever that is appropriate. Courts try to “maximize the time the children spend with each parent” by considering work schedules, parents’ availability to provide care for the children, each parent’s wishes, adjustment needs and wishes of the child, communication and cooperation between parents, and also the support or Interference of each parent as to the other parent’s relationship with the children. Attorney Poletti Is familiar with Wisconsin law and will go over the application of these and other statutes to your situation.

Our service area includes the counties of Racine, Walworth, Kenosha, Waukesha and Milwaukee County. We cover all of Southeastern Wisconsin in areas such as Burlington, Waterford, Lyons, Lake Geneva, Salem, Muskego, Union Grove, Paddock Lake, Racine, Kenosha, Elkhorn, East Troy, Twin Lakes, Genoa City, Kansasville, Delavan, and greater Milwaukee area.