Legal Custody and Physical Placement - What You Need to Know - Milwaukee Custody Lawyers

By Carlos Gamino

If you’re like many parents going through a divorce, you have a lot on your mind – and one of those things is whether you will get legal custody and physical placement the all of your children. However, many people don’t understand the differences between legal custody and physical placement; that’s perfectly understandable, particularly if you’ve never been through a divorce before. Your Milwaukee divorce lawyer will be able to explain everything in great detail, as well as answer all of your questions. Until then, here’s what you need to know.

What Is Legal Custody in Wisconsin?

Legal custody has the right to make major decisions about your children, including nonemergency healthcare, education and religion. You may share legal custody with your ex-spouse, which is referred to as joint legal custody. When one parent has the exclusive right to make these important decisions for their children, they have sole legal custody.

What Is Physical Placement in Wisconsin?

In the state of Wisconsin, placement simply refers to the time your children are with you and the time they are with your ex-spouse. When your children are with you, you have the right to make everyday decisions for them.

Placement schedules can vary based on your family’s needs. When the court enters a placement order, it’s legally binding – but you should know that very general placement orders can be difficult to enforce. Sometimes it’s best to create a very specific schedule, which can help families that have communication issues.

The law does not require that each parent has equal placement. In fact, the law simply says that time with each parent should be maximized. The courts will consider several factors, including:

  • Distance between parents
  • Each parent’s ability to care for the children
  • Past parenting time
  • Needs and wishes of the children
  • Availability of childcare
  • Support or interference of each parent in the kids’ relationship with the other

Do You Need Help With Legal Custody or Placement?

If you’re facing tough issues such as legal custody or physical placement, we can help. Our experienced child custody and placement lawyers will walk you through the entire process and provide you with the support you need.

Call us at 414-383-6700 or get in touch with us online. We’ll provide you with the case-specific advice you need to get through this.