Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Emily Iverson
Divorce is never easy, especially when children are involved. In Wisconsin, courts prioritize the best interests of the child, aiming to create stability and maintain strong relationships with both parents whenever possible. Custody, placement, and child support decisions depend on various factors. Understanding these legal issues can help parents navigate the process while minimizing stress for their children.
Legal Custody vs. Physical Placement
A common source of confusion in divorce cases is the difference between legal custody and physical placement.
Legal custody refers to a parent’s right to make major decisions about a child’s life, including medical care, education, and religious upbringing. In most cases, parents sharejoint legal custody, meaning they must work together on these decisions. However, if concerns such as domestic violence or substance abuse exist, a court may grant sole legal custody to one parent, giving them the exclusive right to make these decisions.
Physical placement determines where the child will live and how time is shared between the parents. Placement schedules can vary widely. Some families split placement equally, while others follow a schedule in which one parent has primary placement and the other has a more limited schedule. Courts encourage parents to create their own parenting plan. If they cannot agree, a judge will decide based on the child’s best interests, considering factors such as the child’s relationship with each parent, their adjustment to home and school, and each parent’s ability to provide a stable environment.
Child Support: What to Expect
In Wisconsin, both parents are responsible for financially supporting their children. In most cases, one parent will pay child support to help cover expenses such as food and housing. The amount of child support is determined based on several factors including both parents’ incomes, the number of overnights the child spends with each parent, and the child’s specific needs, such as medical or educational expenses. It is important to keep in mind that child support is intended to meet the child’s needs—not to provide financial assistance to either parent.
Modifying Custody, Placement, and Support Orders
Life circumstances change, and sometimes custody, placement, or support arrangements need to be updated. Wisconsin law allows parents to request modifications, but courts generally will not alter a placement order within the first two years after a divorce unless the current arrangement is harmful to the child.
After two years, modifications can be considered if a parent demonstrates a substantial change in circumstances, such as a parent relocating, changes in work schedules, or concerns about the child’s well-being. The court must also determine that the modification is in the child’s best interests.
Helping Children Adjust to Divorce
Divorce can be difficult for children, but parents can help ease the transition by keeping routines consistent, encouraging open communication, and avoiding negative comments about the other parent
Some families find that working with a counselor or therapist helps children process their emotions and adjust to the changes.
Final Thoughts
By understanding the legal process and prioritizing their child’s needs, parents can make informed decisions that support their child’s well-being. Consulting with a family law attorney can provide clarity and ensure that custody, placement, and child support arrangements meet legal requirements and the best interests of the child.
Emily Iverson is an attorney at Hale, Skemp, Hanson, Skemp & Sleik in La Crosse, Wisconsin, specializing in litigation with a primary focus on family law. With exceptional interpersonal skills and extensive legal knowledge, she is a strong advocate for clients navigating complex issues such as custody, placement, child and spousal support, and divorce.To find an attorney near you, visit wislaw.org.
