Having minor children is a complicating factor during divorce proceedings. Parents in Wisconsin have to address their shared responsibilities and divide their parental rights in an appropriate manner.
Some people come to the negotiation table with unrealistic expectations. For example, sometimes parents anticipate an arrangement in which they have the vast majority of time with their children and authority over their upbringing. The reality is that the family courts typically prioritize what is best for the children. In most cases, the best possible outcome when parents divorce is for them to share both custody and placement.
People may find this language confusing and may need help understanding the difference between custody and placement as they establish expectations for their upcoming parenting arrangement negotiations.
Placement is about parenting time
When the Wisconsin family courts discuss placement, the focus is on the location where the children reside and which parent has the responsibility to meet their needs. Often, even in shared custody arrangements, one parent has more placement than the other. The primary placement arrangement determines the children’s address and therefore what schools they attend. Parents often try to work out arrangements that allow them to share placement as evenly as possible.
Custody refers to parental authority
What Wisconsin calls custody involves the authority of a parent to make choices for their children. A parent’s custody rights allow them to enroll a child in school, approve medical care and even make choices about their religious practices.
As is true of placement, shared custody is common in most cases. The courts expect the parents to cooperate when making major decisions about their children. Parents with joint custody have authority during their placement time but may need to communicate with one another to make bigger, more significant decisions about their children.
Unless there are complicating factors that make shared placement and custody unsafe or unreasonably difficult to manage, the courts generally want parents to cooperate when raising their children after divorce. Those seeking sole custody and sole placement or primary placement of minor children typically need evidence to convince the courts that their circumstances warrant careful consideration and special arrangements.
Discussing family concerns with a skilled legal team early in the divorce process can help parents establish appropriate goals and a workable plan for achieving them.