There are recent updates to child custody for Wisconsin residents. Click to learn about child custody rights in divorce and recent changes 50/50 changes.

There are currently around 12.9 million custodial parents in the U.S.

Child custody is set according to state law. Each state has different criteria for determining custody, child support, and other considerations.

Are you facing a child custody case in Wisconsin? A critical factor to your case’s success is knowing Wisconsin’s child custody laws and their distinct aspects for child support, placement, and paternity.

Procedures can also change as new legislation becomes law. Read on for our guide to Wisconsin’s current child custody laws.

Child Custody Changes for 2022

Wisconsin Act 182 became enacted as a law on March 17, 2022. It allows a parent to change the name of their minor child without the other parent’s permission if they’ve been convicted of certain crimes. This includes sex crimes such as felony sexual assault and possession of child pornography.

Wisconsin Act 204 became effective on March 18, 2022. This law allows initial orders to be approved as final orders, even before a divorce or legal separation is formally finalized. This will broadly affect the division of property, child custody, alimony, and other factors in future family law cases.

It’s important to keep an eye on child custody legislation for future or ongoing child custody matters. A family law firm can help you stay current on new laws and legislation and how they may affect your case(s).

Legal representation is also critical for contentious cases.

Current Wisconsin Child Custody Laws

In Wisconsin law, child custody refers to the right to make decisions in the child’s life. This is often referred to as legal custody in other states.

Sole custody occurs when only one parent has legal decision-making power. Joint custody refers to shared custody between both parents.

Child Placement

Placement refers to a parent’s physical custody. It’s the specified period of time a child spends in their parent’s care.

This is usually set as a predetermined schedule during child custody cases. Even if child custody is 50/50, parents may have an uneven split of physical placement:

  • Primary placement: where the child spends the most time
  • Shared placement: where the child spends at least 25% of their time
  • Split placement: Families with two or more children who divide primary placement between them

Placement can be especially contentious during a divorce. If physical placement becomes contested, a divorce lawyer may be necessary for mediation. If an agreement isn’t reached, each parent must submit a parenting plan to the court.

Parenting Plan

Parenting plans are your formal declaration of how you plan to raise your child. Parents can work together on parenting plans, or through their family law firm. If parents submit their own plans, they must use Wisconsin’s official parenting plan form.

Child Support

Wisconsin calculates child support based on:

  • Physical placement
  • Parent’s income
  • Support for other children

The Wisconsin Department of Children and Families has tools and worksheets for estimating support, although a child custody attorney can help you make a more accurate determination.

Paternity and Child Custody Laws

Wisconsin has distinct laws for fathers. For unmarried parents, the mother automatically has sole custody until the court determines different arrangements.

Paternity must be established before “legal fatherhood” rights are granted. There are three ways to do this:

  • Voluntary paternity acknowledgment (form)
  • Acknowledgment of martial child (form)
  • Court ruling (legal process)

Both paternity forms are voluntary and signed by the parents. After form approval, the father is added to the child’s official birth certificate.

Genetic Testing

Once a voluntary paternity acknowledgment is made official, it’s considered the same as a court order of fatherhood. Subsequent genetic testing won’t automatically supersede it.

For this reason, Wisconsin advises parents to hold off on the form if either parent wants genetic testing to establish paternity.

Genetic testing can be ordered officially through the court. A 99% or above result is considered a presumption of fatherhood.

The child support agency (CSA) initially pays for the test. If the man in question isn’t the father, he isn’t required to pay anything further. If he is the father, however, the mother and/or father must pay back the CSA.

Legal Fatherhood

After legal fatherhood is established, the father has three main rights:

  1. No adoption can take place before considering his parental rights.
  2. The father can petition the courts for custody and physical placement.
  3. The father can submit parenting plans for court consideration.

If the mother rejects the father’s presence, Wisconsin considers it the father’s responsibility to establish paternity and legal fatherhood. Local CSAs can assist with these processes.

CSAs cannot represent the father in court, however. Anyone over 18 who petitions the court for custody should hire their own child custody lawyer.

50/50 Custody in Wisconsin

50/50 child custody is generally considered the baseline in Wisconsin. The courts assume the child’s best interest is to have two (fit) parents involved in their life unless other factors determine a different split.

As per Wisconsin statute 767.41(5)(am)1, factors that affect their decision include:

  • The parents’ wishes
  • The child’s wishes
  • The parties’ cooperation and communication
  • The support and/or interference between one party and the child’s
  • relationship with the other party
  • Siblings or other significant persons
  • The child’s relationship with the parents
  • Alcohol or drug abuse
  • The child’s home, school, religion, and community
  • Child’s age and relevant developmental and educational needs
  • Mental or physical health factors
  • Criminal records
  • Interspousal battery or domestic abuse
  • Professional reports admitted as evidence
  • Any other factor that the court determines to be relevant

Even with Wisconsin’s 50/50 custody, child support can be different. Child support calculates physical custody, not legal custody. If physical placement is also split exactly 50/50, child support is then determined by income.

Courts can also rule parent(s) as unfit. Factors include drug abuse and criminal history. You may need a criminal defense lawyer to defend your case in court before fighting for child custody.

The Legal Representation You Need for the Rights You Deserve

Wisconsin’s child custody laws consider the child’s needs as the highest priority. This affects child custody, placement, and paternity.

Are your parental rights threatened by a contentious divorce? We’re here to help! Contact Patton Law to learn more about the experience and expertise we can bring to your case.