Legal Custody of Minor Children

At Gaworek Law Office, we understand the importance of ensuring the best interests of your children are upheld in matters of legal custody. In Wisconsin, legal custody is governed by Wis. Stat. § 767.41(2), which outlines the rights and responsibilities of parents to make major decisions concerning their children.

What is Legal Custody?
Legal custody refers to “the right and responsibility to make major decisions concerning the child, except with respect to specific decisions as set forth by the court or the parties in the final judgment or order.” (Wis. Stat. § 767.001(1s)).

Major Decisions Include:

  • Consent to marry.
  • Consent to enter military service.
  • Consent to obtain a motor vehicle operator's license.
  • Authorization for nonemergency health care.
  • Choice of school.
  • Choice of religion (Wis. Stat. § 767.001(2m)).

Types of Legal Custody:

  • Joint Legal Custody: Both parents share the rights and responsibilities, with neither party having superior custody rights (Wis. Stat. § 767.001(1s)).
  • Sole Legal Custody: One parent holds full legal custody and decision-making responsibilities.

Court Presumptions and Exceptions:

  • The court presumes joint legal custody is in the child's best interest.
  • Sole legal custody may be granted if the court determines it is in the child's best interest and one of the following applies:
    1. The parties agree to sole custody for one parent.
    2. One parent is unwilling or incapable of actively raising the child.
    3. Circumstances would substantially interfere with joint custody.
    4. The parents cannot effectively cooperate, particularly in cases involving domestic violence or an unwillingness to collaborate.

Physical Placement of Minor Children

Physical placement, which determines where the child resides and who makes day-to-day decisions, is governed by Wis. Stat. § 767.41(4).

What is Physical Placement?
Physical placement means “the right to have a child physically placed with a party and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care consistent with major decisions made by a person having legal custody.” (Wis. Stat. § 767.001(5)).

Placement Scheduling:
The court creates a schedule that:

  • Provides the child with regular and meaningful periods with each parent.
  • Maximizes the child's time with each parent, accounting for geographic separation and household accommodations.

Determining Best Interest:
To ensure the child's best interests, the court considers 16 factors outlined in Wis. Stat. § 767.41(5).

Modifications to Orders:
Revisions to legal custody and physical placement orders are governed by Wis. Stat. § 767.451.

Why Choose Gaworek Law Office?

At Gaworek Law Office, we provide compassionate and skilled legal counsel to help you navigate the complexities of family law. Whether you're seeking joint custody arrangements or need guidance on physical placement, our team is here to advocate for you and your child's best interests every step of the way.

Contact Us Today
Let us help you protect your parental rights. Call us at (920) 857-9211 to schedule your consultation.