Physical Placement

Physical placement is addressed in almost all areas of family law. Parties will be required to discuss placement, and work through the details. If they are unable to do so, however, the Court will assume the role and dictate terms. Wisconsin Statutes requires the Court to entertain a series of factors when making a placement determination.

What is physical placement?

Physical placement is defined as when a child/ren is physically placed with a party, parent or other third-party. It typically involves establishing not only a day or series of days in which a party is granted time but also establishing a start and end time. During the allotted physical placement, the party is responsible for making routine decisions concerning the child/ren.

What factors are considered?

Under Wisconsin Statutes, the Court and a Guardian ad Litem must consider a variety of factors when issuing a decision or recommendation on physical placement. For example, the wishes of each child and the parents are important. Additionally, the child/ren’s adjustment to home, school, religion, and community are crucial, as is the child/ren’s mental health or that of the party where the child may reside.

What is the goal?

Physical placement is guided by the overarching theme of what is in a child/ren’s best interest. Wisconsin Statutes do not require equal placement with the parties. Rather, Wisconsin requires the Court to achieve a schedule that maximizes the amount of time a child/ren spends with each party.