Primary Placement Determination in Kenosha, WI: What the Court Considers

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Illustration depicting a sign directing to child custody.

When parents decide to end their marriage through a divorce, they must determine who gets physical custody of their children and how much time the non-custodial parent can spend with them. This is called physical placement in Wisconsin. If you are in this situation, you and your spouse may reach an agreement on this as part of your divorce settlement with the help of divorce lawyers Kenosha, WI. Otherwise, a judge will make decisions for you. 

Kinds of Physical Placement

In Wisconsin, physical placement means which parent the child should live with. Below are the types of physical placement:

  • Primary placement. If a parent is granted a primary placement, their child spends most of their time with them.
  • Shared placement. This is when the child spends a minimum of 25% of the nights in one year with every parent. 
  • Split placement. If parents get a primary placement of one of their children. 

Determining Physical Placement

If you and your spouse cannot reach an agreement on the physical placement of your child, a family judge must make decision on these matters. A judge will take into account some factors when determining what’s in the best interest of your child. These include the wishes of both parents and the child, how the child interacts with their parents and other family members, the ability of a parent to support the relationship of the other parent with their child and vice versa, the quality and length of time the child spent with each parent before the divorce, the mental and physical health of all parties involved, and others.
Once the court weighs such factors, it determines an appropriate physical placement arrangement. Sometimes, the court grants one parent primary physical placement and grants visitation rights to the other parent. In other cases, physical placement may be shared by both parties. This means that the child spends equal amounts of time with every parent. 

If the court determines one parent to be unfit to offer care for the child or evidence shows that leaving the child under the care of one parent can be harmful to them, the court may put restrictions on physical placement. To guarantee the safety of the child, visitation time will be supervised or derailed.

Divorcing couples who cannot resolve child custody and physical placement issues should seek the assistance of a divorce attorney. A great attorney can address such issues and help couples reach fair decisions that protect the best interests of their children.