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The court looks at the best interests of the child.
Placement decisions are made based on what the court determines is best for the minor child, not simply what either parent wants.
Wisconsin Child Placement
Physical placement laws for Wisconsin families.
Physical placement determines where a child lives day to day and which parent has the right and responsibility to make routine daily decisions during that placement. Vanden Heuvel & Dineen, S.C. helps parents understand placement, custody, mediation, Guardian ad Litem issues, and court expectations.
Primary IssueWhere the child lives day to day
Court StandardBest interests of the child
Before HearingMediation is often ordered first
Guardian ad LitemOften appointed if mediation fails
Physical Placement
What physical placement means in Wisconsin.
Physical placement is the condition under which a parent has the right to have a child physically placed with that parent and the right and responsibility to make routine daily decisions regarding the child’s care during that placement.
In practical terms, placement usually means where the child lives on a day-to-day basis. Placement is different from visitation, which generally refers to time spent with a third party such as a grandparent, significant other, or stepparent.
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Placement
Applies to parents and daily care responsibilities during the parent’s placement time.
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Visitation
Generally refers to time between a child and a third party, such as grandparents or stepparents.
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Best Interests
The court focuses on the child’s welfare rather than either parent’s preference alone.
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No Guarantees
No attorney should guarantee a primary placement result in a custody or placement case.
Filing for Child Placement
Five important factors about child placement in Wisconsin.
The court weighs the facts of each family, usually beginning with what is in the child’s best interests.
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The court considers many placement factors.
Relevant factors may include:
- The wishes of each parent and the child.
- The child’s relationship with parents, siblings, and other important people.
- The amount and quality of time each parent spent with the child in the past.
- The child’s adjustment to home, school, religion, and community.
- The child’s developmental and educational needs.
- The physical and mental health of the parties and child.
- Whether each parent can support the child’s relationship with the other parent.
- Any evidence of child abuse, domestic abuse, or significant alcohol or drug abuse.
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Mediation is generally ordered before a hearing.
In many placement disputes, the court orders mediation between the parties before the matter is set for a hearing.
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A Guardian ad Litem may be appointed if mediation fails.
If mediation is unsuccessful, the court may appoint a Guardian ad Litem to advocate for the minor child’s best interests. The parties often share the cost, although the court may order otherwise.
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The court seeks meaningful periods of placement with each parent.
Wisconsin law directs the court to set a schedule that allows the child regular, meaningful periods of physical placement with each parent and maximizes the time the child may spend with each parent when appropriate.
Common Questions
Understanding physical placement.
Every family has different facts. The answers below are general information and not a substitute for legal advice about your specific matter.
How can I make sure I will be awarded primary placement?
There are no guarantees that a parent will be awarded primary placement except in exceptional circumstances. The court weighs the relevant factors and determines placement based on the child’s best interests. An attorney can give an opinion, but no lawyer should guarantee a result.
What factors does the court consider?
The court considers facts relevant to the child’s best interests, including parent wishes, child wishes, interaction with family, past caregiving, adjustment to home and school, health, child care availability, cooperation between parents, support for the other parent’s relationship, abuse concerns, substance abuse, and any other relevant factor.
What does shared placement mean?
Shared placement generally means a parent has a court-ordered period of placement of at least 25% and is ordered by the court to assume child support costs in proportion to the time the parent has placement.
Can parents create their own placement schedule?
Parents can negotiate many types of schedules if they work for the children and the family. Some schedules are structured, while others are flexible and based on school, activities, and the children’s needs.
Placement Schedule Examples
Common shared placement patterns.
In a 50/50 shared physical placement arrangement, some parents use a 2-2-5 schedule, a 9-5 schedule, or one-week-on / one-week-off parenting time. The best schedule depends on the child and family circumstances.
2-2-5 Schedule Example
| Mon | Tue | Wed | Thu | Fri-Sun | |
|---|---|---|---|---|---|
| Week 1 | Mother | Mother | Father | Father | Mother |
| Week 2 | Mother | Mother | Father | Father | Father |
This schedule keeps weekday blocks consistent while alternating weekends.
9-5 Schedule Example
| Mon | Tue | Wed | Thu | Fri-Sun | |
|---|---|---|---|---|---|
| Week 1 | Father | Father | Mother | Father | Mother |
| Week 2 | Father | Father | Mother | Father | Father |
This pattern may be adjusted or flipped depending on the children’s needs.
Child Placement Attorneys
Experienced family law counsel for placement disputes.
The child placement attorneys at Vanden Heuvel & Dineen, S.C. are knowledgeable, experienced, and top-rated placement lawyers serving Wisconsin families.
Senior Attorney
Linda S. Vanden Heuvel
Over 30 years in Wisconsin family law, known for strong litigation and determined advocacy in mediation and settlements.
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Attorney
Lisa M. Vanden Heuvel
Family law guidance involving divorce, adoption, paternity, mediation, custody, and Guardian ad Litem matters.
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Client Testimonials
Real stories from custody and placement clients.
“Linda has been essential for me and my children in a highly contentious custody and placement battle. She is professional, wise, and considerate to sensitive matters. Her negotiating skills are impeccable.”
Christy“Attorney Linda Vanden Heuvel was very knowledgeable and understood our needs in my family’s custody case. She was well respected by the court staff and Judges.”
Tim
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