Physical Placement: The Basics

October 1, 2009

In Wisconsin, the legal terminology to describe physical custody of a child in Family Court matters is “physical placement.” During a parent’s periods (times) of physical placement, the child is either with the parent or under that parent’s care. The parent with physical placement has the right and responsibility to make routine, daily decisions about the child’s care. Examples of such routine decisions would be what the child eats for lunch, what the child wears to school that day and whether the child can go on a play date after school. These routine daily decisions are within the sole discretion of the parent with placement, as long as they do not contradict the “major” decisions which must be made jointly by parents with joint legal custody.

While state law does not require or presume that placement between parents be equal, it does require that the court maximize the amount of time that a child spends with each parent, while taking into consideration geography and individual household accommodations. All Court decisions are to be consistent with what the Judge deems to be the best interests of the child.

As a result, there are many different types of schedules for physical placement. In some families, one parent may have the majority of the placement time. This is often referred to as “primary” physical placement.   It is important to note that a designation of “primary” physical placement gives a parent no additional rights or responsibilities, other than that parent has more time in which he or she is responsible for routine decision-making.  Major decision-making is always controlled by the designation of legal custody.

In other families, the time is more evenly divided between parents, and this is usually called “shared” physical placement.   The time can be divided in any manner which makes sense for an individual family.  Some parents exchange the children weekly, while others do so every couple of days.  Parents should take their individual circumstances as well as the ages and needs of their children into account in developing a schedule. 

Regardless, in most cases, there is a “regular” or typical physical placement schedule, and then specified deviations for holidays and vacations. Some families have schedules for physical placement that are very detailed, indicating exact days, times, drop off locations and other particulars. Others are more flexible, which rely upon cooperation and good communication between parents. The greater the conflict between parents, the more specific the schedule should be. Ultimately, the way a schedule is designed is really only limited by the parents’ (or their attorneys’) imagination, subject to the approval of the Judge assigned to the case.

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