Legal custody in Wisconsin refers to the legal right of a parent to make decisions on the child’s behalf. There is a very strong presumption in Wisconsin that both parents should be awarded joint legal custody. If that occurs, it means that both parents would have to agree on all “major life decisions.” Major life decisions include whether a child joins the military before age 18, whether the child gets married before age 18, whether the child gets a drivers license, what school the child attends, what religion the child practices, and whether the child has major elective surgery.
As a practical matter, parents are rarely fighting for legal custody. The reason is that even in a very contested divorce parents usually still can agree on those few major issues.
If joint legal custody is granted it also means that both parents will have the legal right to call the child’s school, doctor, counselor, etc., and inquire as to how their child is doing. As a general rule, court’s want parents to remain involved in their children’s lives; therefore, the ability to do so is generally encouraged by the law.
Physical placement refers to when a child is physically placed with one parent verses the other parent. To avoid future disagreements it is usually best if the court clearly and specifically identifies exactly when the child is placed with the mother and exactly when the child is placed with the father. By being specific, parties are not left assuming things and both parties can plan for the future around their placement with their children.
In most cases, with the assistance of experienced family law lawyers, parents ultimately come to an agreement regarding the placement arrangements. Sometimes, however, a judge is required to establish the placement schedule. Because a placement battle can have long lasting negative implications to the children, Wisconsin requires that the children have their own lawyer called a guardian ad litem. This person is not the judge and does not decide the placement schedule. This person is simply another party to the divorce who is charged with representing “the best interests of the child.” Obviously, it is necessary and advantageous to work with any guardian ad litem from the very earliest stages of the divorce. At the Law Offices of Burgfechtel & Parent we work with our clients to make sure that the most appropriate guardian ad litem for any given case is appointed, and work with that guardian ad litem so the best interests of the children are not overlooked.
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