Wisconsin Parenting Plan
A Wisconsin parenting plan sets out legal custody and physical placement two parents ask the court to approve; in a contested case each party seeking custody or placement must file a proposed parenting plan under the best interest standard. Attorney review available.
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Introduction
In Wisconsin, where custody has two separately named parts, legal custody and physical placement, a parenting plan is the written document two parents use to set out that custody and placement schedule for their children, whether they are divorcing, were never married, or are changing an existing order. In Wisconsin, custody has two parts with their own names: legal custody, the right and responsibility to make major decisions concerning the child, and physical placement, the condition under which a parent has the child physically placed with them and the right to make routine daily decisions during that time (Wisconsin Statutes Section 767.001). In determining legal custody and physical placement, a Wisconsin court considers all facts relevant to the best interest of the child and weighs the factors listed at Section 767.41(5)(am). In an action in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement must file a proposed parenting plan with the court after mediation is waived or the mediator reports no agreement; unless the court orders otherwise the plan is filed within 60 days, and a party who does not timely file waives the right to object to the other party's plan (Wisconsin Statutes Section 767.41(1m)). DocDraft builds your Wisconsin parenting plan from your family's schedule, with attorney review available before you file it with the court.
Key Things to Know
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In Wisconsin, a parenting plan is the written document in which two parents set out legal custody and physical placement for their children, whether they are divorcing, were never married, or are changing an existing order.
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In Wisconsin, custody has two parts with their own names: legal custody and physical placement (Wisconsin Statutes Section 767.001).
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Legal custody in Wisconsin is the right and responsibility to make major decisions concerning the child (Wisconsin Statutes Section 767.001(2)(a)).
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Physical placement in Wisconsin is the condition under which a parent has the child physically placed with them and the right and responsibility to make routine daily decisions during that placement (Wisconsin Statutes Section 767.001(5)).
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In determining legal custody and physical placement, a Wisconsin court considers all facts relevant to the best interest of the child (Wisconsin Statutes Section 767.41(5)(am)).
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In a contested Wisconsin case, a party seeking sole or joint legal custody or periods of physical placement must file a proposed parenting plan, filed within 60 days after a mediation waiver or impasse unless the court orders otherwise (Wisconsin Statutes Section 767.41(1m)).
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A Wisconsin party who does not timely file a required parenting plan waives the right to object to the other party's plan (Wisconsin Statutes Section 767.41(1m)).
Key decisions before you file
Before you file a Parenting Plan in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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Wisconsin Requirements for Parenting Plan
Legal Custody and Physical Placement
In Wisconsin, custody has two parts with their own names: legal custody, the right and responsibility to make major decisions concerning the child, and physical placement, the time a parent has the child physically placed with them (Wisconsin Statutes Section 767.001). The parenting plan sets out both.
Legal Custody Decision-Making
Legal custody in Wisconsin is the right and responsibility to make major decisions concerning the child, such as consent to marry, non-emergency health care, choice of school, and religion (Wisconsin Statutes Section 767.001(2)(a)). Your plan should state whether legal custody is joint or sole.
Physical Placement Schedule
Physical placement in Wisconsin is the condition under which a parent has the child physically placed with them and the right to make routine daily decisions during that placement (Wisconsin Statutes Section 767.001(5)). Your plan should set the placement schedule: the weekday and weekend routine, holidays, school breaks, and summer.
Best Interest Standard
In determining legal custody and physical placement, a Wisconsin court considers all facts relevant to the best interest of the child (Wisconsin Statutes Section 767.41(5)(am)). The statute lists factors such as the wishes of the parents and the child, the child's adjustment to home and school, the cooperation between the parents, and whether there is evidence of domestic abuse.
Proposed Parenting Plan in a Contested Case
In a Wisconsin action in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement must file a proposed parenting plan with the court after mediation is waived or the mediator reports no agreement (Wisconsin Statutes Section 767.41(1m)).
Sixty-Day Filing Schedule
Unless the court orders otherwise, a required proposed parenting plan in Wisconsin is filed within 60 days after the court waives the mediation requirement or the mediator notifies the court that the parties have not reached an agreement (Wisconsin Statutes Section 767.41(1m)). The court can set a different time, so confirm the schedule in your case.
Waiver of Objection
In Wisconsin, a party who is required to file a proposed parenting plan and does not timely file one, without good cause, waives the right to object to the other party's parenting plan (Wisconsin Statutes Section 767.41(1m)). Filing on time protects your ability to be heard on legal custody and physical placement.
Court Determination and Approval
A Wisconsin court sets legal custody and physical placement in its judgment under the best interest of the child (Wisconsin Statutes Section 767.41). When custody and placement are not contested, the court can order the arrangement the parents agree on without a separately filed proposed plan.