Protecting Your Family’s Future
Legal Custody and Physical Placement
Don’t leave your family’s future to chance. At Herrling Clark Law Firm, Ltd., we understand that legal custody and physical placement decisions are among the most critical aspects of any divorce proceeding. As experienced family law attorneys, we recognize the profound impact these determinations have on your children’s stability, education, and overall well-being.
Navigate Custody and Physical Placement with Compassion
We recognize the emotional challenges that legal custody and physical placement disputes can pose for children. Our family law attorney are sensitive to these concerns and work diligently to minimize the stress on your family. We aim to find amicable solutions whenever possible, while always being prepared to advocate fiercely for your rights if necessary.
Our expertise covers all aspects of legal custody and physical placement, including:
- Determining initial legal custody arrangements
- Establishing fair and practical visitation schedules
- Addressing child support obligations
- Handling interstate legal custody and physical placement matters
- Modifying existing legal custody and physical placement orders
- Resolving school district and educational concerns
Our attorneys can help you with the following family law:
FAQs
If a parent consistently violates a court-ordered physical placement or custody schedule, you have legal recourse. You can file a Contempt of Court motion or a Motion to Enforce Physical Placement. The court may order “makeup” time, require the non-compliant parent to pay your attorney fees, or, in severe cases, fine or jail the parent. Documenting every missed visit or late arrival is essential for your case.
In Wisconsin, these are two very different concepts:
- Legal Custody: Refers to the right to make major decisions for the child, such as healthcare, education, and religious upbringing.
- Physical Placement: Refers to the actual schedule of where the child lives and spends their time.
No. Awarding one parent sole custody, or full custody, gives them the exclusive right to make major life decisions for the child, but it does not end the other parent’s rights. The non-custodial parent can still have the right to physical placement (visitation) and can still have the obligation to pay child support. Terminating parental rights (TPR) is a separate, much more severe legal process.
The general process to request legal custody or physical placement in Wisconsin is as follows: File a Petition for divorce or a paternity action in your county of residence. If you cannot reach an agreement with the other parent, you will need to attend mediation to attempt to reach an agreement; if you can’t, the court may appoint a Guardian ad Litem to represent the child’s interests. Contact Herrling Clark Law Firm to start your filing.
Joint legal custody and joint physical custody, which is called Shared Physical Placement in Wisconsin, are two separate things, and courts can order either or both.
- Joint Legal Custody: Both parents must consult and agree on major decisions (schooling, surgery, etc.).
- Shared Physical Placement: The child spends significant time living with both parents. In Wisconsin, this is defined as each parent having at least 92 overnights (25%) per year.
In Wisconsin, “visitation” is legally called “physical placement.” To establish these rights, you must file a petition with the court. If you were never married, you must first establish paternity. Once paternity is confirmed, you can request a placement schedule that serves the child’s best interests. Courts generally believe that having a meaningful relationship with both parents is best for the child unless safety concerns exist. Contact Herrling Clark Law Firm to help secure your visitation right.
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