In Wisconsin, joint legal custodyor 50/50 custody gives both parents an equal share of the legal responsibilities of caring for their children. Joint physical custodymaximizes the time the child has with both parents. Shared custody schedules work to give the child equal amounts with each parent.
Child Placement Schedule
The child placement schedule is the counterpart to child custody. Making a schedule for child placement outlines childcare responsibilities and helps children maintain consistency. Consistency is good for the mental health of the child and helps the child adjust to a new situation after the divorce or separation of their parents. There are many options for creating a schedule, and how that is picked depends on the factors specific to your case like your schedules and custody agreements. Every family is different, but the important thing to remember is that a schedule is meant to ensure that the child spends equal time with both parents, as long as it is in the best interest of the child.[1]
Note: The terms “custody” and “placement” are often confused. Custody refers to the ability to make major decisions on behalf of the child and gives access to legal and medical information for the child. Placement refers to the physical placement of the child, meaning where the child is at any given time. Placement is also called visitation in some instances.
Joint Legal Custody
Joint legal custody is a form of shared parenting with an emphasis on shared decision-making over the child. Joint custody is the counterpart to sole custody where one parent has full control over the child.
In addition to decision-making, joint custody grants each parent the right to access legal and medical records whenever necessary. Decision-making rights are important for “major decisions.” Major decisions are not entirely defined in the Wisconsin statutes, but here are some examples of those decisions:
- Choice of school
- Choice of religion practiced
- Consent to get a driver's license
- Consent to marry underage
- Consent to enter military service
- Non-emergency medical decisions[2]
Simple decisions that come up in the child's day-to-day life, like when to go to bed or how much screen time they get, are made without consulting the other parent. These small, non-major decisions rest in the hands of whichever parent has placement at the time. This includes emergencies, such as a parent needing to take the child to the emergency room.
Joint Placement
Placement (also known as physical custody or visitation) refers to where the child is living at any given time and which parent is responsible for the child at that time.
Joint placement is a popular placement option where the schedule maximizes the amount of time the child has with each parent. Schedules depend on a variety of factors listed in the child custody and placement laws, but some key examples are the parent's work schedule, the relationship they have with their children, and the ages of the children. There is no one best placement schedule.
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Examples of Joint Placement Schedules
Shared custody is an easy 50/50 for big decisions, but shared placement has more diverse ways it could actually look. Most schedules below are based on 50/50 placement schedules, but there is the potential for 60/40, 70/30, 75/25, and more depending on the situation. Also, looking at a calendar when visualizing the placement schedules can help put things in perspective.
2-2-3 Custody Schedule (2-week Schedule)
The child lives with Parent A for 2 days, then Parent B for 2 days, then Parent A for 3 days. Once the week is over, the rotation flips. This allows the child to have alternating weekends with the parents.
2-2-5-5 Custody Schedule (2-week Schedule)
The child lives with Parent A for 2 days, then Parent B for 2 days, then Parent A for 5 days, then Parent B for 5 days. This allows the child to be with one parent every Sunday and Monday, and the other parent has every Tuesday and Wednesday with Thursday, Friday, and Saturday alternating.
3-3-4-4 Custody Schedule (2-week Schedule)
The child lives with Parent A for 3 days, then Parent B for 3 days, then Parent A for 4 days, then Parent B for 4 days. With this schedule, the child is with the same parent every Sunday to Tuesday, the other parent every Wednesday to Friday, and Saturdays alternate.
4-3 Custody Schedule
The child lives with Parent A for 4 days and lives with Parent B for 3 days (usually Wednesday, Thursday, and Friday).
7-On-7-Off Custody Schedule
Also known as the week-on-week-off schedule, the child lives with Parent A for 7 days, then Parent B for 7 days.
Midweek Overnight
This is similar to the to the 7-on-7-off schedule, with an addition of each parent getting a day with the child in the middle of the week they are with the other parent.
Every Other Weekend Custody Schedule
This schedule alternates who has the child each weekend, so the child lives with Parent A most of the time and lives with Parent B every other weekend.
60/40 Custody Schedule
An example is when the child lives with Parent A during the week and lives with Parent B during the weekends. This is similar to the 4-3 schedule, but the 60/40 includes weekends for Parent B.
70/30 Custody Schedule
The most popular version of this schedule is when the child lives with Parent B for a week every 3rd week. Another version is when the child lives with Parent B every weekend.
75/25 Custody Schedule
One version of this is where child lives with Parent A for 5 days and lives with Parent B for 2 days per week with only one overnight.
80/20 Custody Schedule
Example schedules for this include the child visiting Parent B during the 1st, 3rd, & 5th weekend, or visiting during the 2nd, 4th, and 5th weekend.
To find out what works best for you, go through the parenting plan worksheet.
Are you ready to move forward? Call(262) 221-8123 to schedule a strategy session with one of our attorneys.
How Far Can a Parent Move with Joint Custody?
If a parent wants to move out of Wisconsin or move more than 100 miles from the home they were in when the court order was put in place, they must send notice to the other parent via certified mail. The other parent can then agree or objection. If objected to, the objecting parent tells that to the court and the move cannot happen until this issue is resolved. After an objection, the court will order mediation. If no agreement is reached during mediation, a guardian ad litem will be appointed to the case and there will be a hearing to determine what's in the children's best interest.
Moving with children could have a major impact on a child's relationship with the other parent, and it's difficult to transition away from family, friends, and school. The court has the power to allow you to move, adjust the placement schedule, or even order the children to stay with the other parent if you move.
Wisconsin Child Support Laws for 50/50 Custody
With joint custody, child support can still be ordered. If one parent has more placement than the other, child support is more likely to be ordered. For example, if a parent has less than 25% placement, that parent will likely need to pay the other parent a percentage of their income.
See all standard percentage rates and calculate the shared custody child support with our child support calculator.
