Custody And Placement
Wis. Stat. 767.41 — joint legal custody presumed, placement that maximizes time with each parent
Joint legal custody, presumed. A Wisconsin court presumes joint legal custody is in the child's best interest. It may give sole legal custody only on finding that is in the child's best interest and, among other grounds, that the parents cannot cooperate in future decisions or a condition would substantially interfere with joint custody.
Time with each parent. The placement schedule gives the child regularly occurring, meaningful periods with each parent and maximizes the time with each, allowing for distance between households. A child is entitled to placement with both parents unless, after a hearing, the court finds it would endanger the child's physical, mental or emotional health.
- Placement may not be denied for failing to meet a financial obligation, or granted for meeting one.
- The court may not prefer a parent because of the parent's sex or race.
- The factors include the wishes of the parents and the child, cooperation and communication, and whether each parent supports the child's relationship with the other.
A finding that a parent engaged in a pattern or serious incident of battery against the other or domestic abuse creates a rebuttable presumption against giving that parent joint or sole legal custody.
Sources for this section (1)
- Wis. Stat. 767.41 — Custody and physical placement
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.