CHILD CUSTODY AND PHYSICAL PLACEMENT AGREEMENT
(State of Wisconsin)
[// GUIDANCE: Insert the parties’ full legal names exactly as they appear on the child’s birth certificate or the most recent court order. Be consistent throughout.]
This Child Custody and Physical Placement Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
- [PARENT A LEGAL NAME], residing at [ADDRESS], (“Parent A”); and
- [PARENT B LEGAL NAME], residing at [ADDRESS], (“Parent B”).
Parent A and Parent B are collectively referred to as the “Parties” and individually as a “Party.”
RECITALS
A. The Parties are the natural/legal parents of the minor child(ren) identified below (each, a “Child” and collectively, the “Children”):
| Child’s Full Name | Date of Birth | Current School | Special Needs (Y/N) |
|---|---|---|---|
| [NAME] | [DOB] | [SCHOOL] | [Y/N] |
| [Add rows as needed] |
B. The Parties recognize that Wisconsin policy favors regular and meaningful contact between the Children and both parents, consistent with the Children’s best interests as set forth in Wis. Stat. § 767.41(5)(am) (2023).
C. The Parties desire to resolve all matters concerning legal custody, physical placement, and related issues without further litigation, subject to approval by the [COUNTY] County Circuit Court, Family Division (the “Court”).
NOW, THEREFORE, in consideration of the mutual covenants herein and other valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:
TABLE OF CONTENTS
- Definitions
- Legal Custody and Major Decision-Making
- Physical Placement Schedule
- Holiday, Vacation, and Special Occasion Schedule
- Transportation and Exchange Logistics
- Communication with the Children
- Relocation
- Child Support and Expense Allocation
- Representations and Warranties
- Covenants and Restrictions
- Default and Remedies
- Dispute Resolution
- Risk Allocation (Indemnification)
- General Provisions
- Execution Block
1. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below.
1.1 “Best Interest Factors” means the considerations enumerated in Wis. Stat. § 767.41(5)(am) (2023), incorporated herein by reference.
1.2 “Court” has the meaning set forth in the Recitals.
1.3 “Holiday Schedule” has the meaning set forth in Section 4.1.
1.4 “Legal Custody” means the right and responsibility to make major decisions concerning the Children as defined in Wis. Stat. § 767.001(2m) (2023).
1.5 “Major Decisions” include, without limitation, decisions relating to education, non-emergency health care, and religion, unless otherwise specified herein.
1.6 “Physical Placement” means the periods during which a Child is placed with a Party and that Party has the right and responsibility to make routine daily decisions concerning the Child, pursuant to Wis. Stat. § 767.001(5) (2023).
1.7 “Relocation” has the meaning set forth in Section 7.1.
[// GUIDANCE: Add definitions for any additional recurring terms (e.g., “School Year,” “Summer Break”). Ensure all defined terms are capitalized consistently.]
2. LEGAL CUSTODY AND MAJOR DECISION-MAKING
2.1 Joint Legal Custody. The Parties shall share Joint Legal Custody of the Children. All Major Decisions shall be made jointly, after good-faith consultation.
2.2 Tie-Breaker Procedure. If the Parties are unable to agree on a Major Decision after reasonable efforts:
(a) Either Party may initiate mediation under Section 12.2 within ten (10) calendar days; and
(b) Absent mediator resolution within thirty (30) calendar days, either Party may file an appropriate motion with the Court.
2.3 Emergency Decisions. Either Party may make emergency medical or safety decisions when the Children are in that Party’s Physical Placement, provided the other Party is notified at the earliest practicable time.
3. PHYSICAL PLACEMENT SCHEDULE
3.1 Baseline Schedule.
(a) Week-On/Week-Off Rotation: The Parties shall alternate Physical Placement of the Children weekly, commencing [DAY/TIME].
(b) Exchange Location: [LOCATION] unless mutually agreed otherwise in writing.
3.2 School-Year Adjustments. The Parent exercising placement shall ensure timely school attendance. Homework and extracurricular responsibilities shall be shared.
3.3 Summer Schedule. Unless the Parties agree otherwise in writing by [DATE] of each year, the Baseline Schedule shall continue through summer.
3.4 Right of First Refusal. If a Parent will be unavailable to care for the Children for more than [__] consecutive hours during that Parent’s placement period, that Parent shall first offer placement to the other Parent before arranging alternative care.
3.5 Supervised Placement (if applicable).
[PLACEHOLDER: Insert terms if supervision is required; otherwise mark “N/A.”]
4. HOLIDAY, VACATION, AND SPECIAL OCCASION SCHEDULE
4.1 Holiday Schedule. The following Holiday Schedule supersedes the Baseline Schedule:
| Holiday | Even-Numbered Years | Odd-Numbered Years | Exchange Time |
|---|---|---|---|
| New Year’s Day (Jan 1) | Parent A | Parent B | 10:00 a.m. |
| Spring Break | Parent B | Parent A | End of School Day |
| [Add holidays] |
4.2 Birthdays. Each Parent shall have placement for the Children’s birthdays on an alternating basis. The non-placement Parent shall have a minimum [__]-hour visitation window.
4.3 Vacation Periods. Each Parent may schedule up to [__] consecutive days of vacation with at least [__] days’ prior written notice to the other Parent. Vacation periods shall not unreasonably interfere with the Holiday Schedule.
5. TRANSPORTATION AND EXCHANGE LOGISTICS
5.1 Transportation Responsibility. Parent A shall be responsible for pick-up at the commencement of Parent A’s placement; Parent B shall be responsible for pick-up at the commencement of Parent B’s placement.
5.2 Timeliness. Each Parent shall arrive within a [15]-minute window of the scheduled exchange time. A delay exceeding [30] minutes without reasonable notice constitutes a “Minor Default” under Section 11.1(a).
5.3 Safety Restraints. All state and federal child-safety restraint laws shall be strictly followed.
6. COMMUNICATION WITH THE CHILDREN
6.1 Telephone/Video Contact. The non-placement Parent may have up to [__] minutes of telephone or video contact with the Children each non-placement day between [TIME RANGE], unless mutually agreed otherwise.
6.2 Electronic Communications. The Children may possess age-appropriate devices. Neither Parent shall monitor or interfere with the Children’s communications with the other Parent, except for safety-related concerns.
7. RELOCATION
7.1 Definition of Relocation. “Relocation” means:
(a) A proposed residence change that would move the Children more than 100 miles from the other Parent’s residence; or
(b) A proposed residence change that would remove the Children from the State of Wisconsin for more than ninety (90) consecutive days,
consistent with Wis. Stat. § 767.481(1)(e) (2023).
7.2 Notice Requirement. A Party seeking Relocation (“Relocating Parent”) shall provide the other Parent with a written notice at least sixty (60) days before the intended move, stating:
(a) The relocation date;
(b) The municipality and state of the proposed new residence;
(c) The reason for relocation; and
(d) A proposed revised Physical Placement Schedule.
7.3 Objection and Procedure. Within fifteen (15) days of receipt, the non-relocating Parent may file a formal objection under Wis. Stat. § 767.481(2)(a) (2023). The Parties shall then proceed under the statutory process and Section 12 (Dispute Resolution).
7.4 Temporary Orders. During any relocation dispute, the Court’s existing Placement Order shall remain in full force unless modified by the Court.
8. CHILD SUPPORT AND EXPENSE ALLOCATION
[// GUIDANCE: Child support is typically determined under Wis. Stat. § 767.511 using Department of Children and Families guidelines. Insert either a cross-reference to an existing support order or a detailed support arrangement, ensuring no conflict with statutory percentages.]
8.1 Existing Support Order. The Parties acknowledge the support order entered on [DATE] in Case No. [______], which remains in effect.
8.2 Variable Expenses. The Parties shall share variable expenses (e.g., school supplies, extracurricular fees, unreimbursed medical) []% Parent A / []% Parent B. Reimbursement requests shall be submitted with documentation within thirty (30) days of incurrence.
9. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants, as of the Effective Date:
9.1 Authority. He or she has the legal capacity and authority to enter into and perform this Agreement.
9.2 Disclosure. No material fact concerning the Children’s health, education, or welfare has been withheld.
9.3 Compliance. Execution and performance of this Agreement do not violate any court order, statute, or third-party agreement.
The foregoing representations and warranties shall survive execution for a period of one (1) year.
10. COVENANTS AND RESTRICTIONS
10.1 Mutual Respect. Each Parent shall promote the Children’s love and affection for the other Parent and shall not disparage the other Parent in the Children’s presence.
10.2 Substance Use. Neither Parent shall consume alcohol to impairment or use illegal substances during or within [__] hours prior to Physical Placement.
10.3 Weapon Safety. Firearms shall be stored unloaded and locked; ammunition shall be stored separately.
10.4 Notification. Each Parent shall notify the other Parent within twenty-four (24) hours of any significant illness, injury, or emergency involving the Children.
11. DEFAULT AND REMEDIES
11.1 Events of Default.
(a) Minor Default: Late exchanges, failure to provide documentation, or similar non-material breaches.
(b) Material Default: Interference with custody, failure to return the Children as scheduled, unauthorized Relocation, or chronic Minor Defaults (three (3) or more within a rolling ninety (90)-day period).
11.2 Cure Period. A Party in Minor Default shall have three (3) business days after written notice to cure. Material Defaults require immediate cure.
11.3 Remedies. Without limiting statutory remedies, the non-defaulting Party may seek:
(a) Compensatory Placement Time;
(b) Contempt sanctions;
(c) Attorney’s fees and costs; and
(d) Any other relief the Court deems just and equitable.
12. DISPUTE RESOLUTION
12.1 Governing Law; Forum. This Agreement shall be governed by, and construed in accordance with, Wisconsin law, including Wis. Stat. ch. 767. The Parties consent to exclusive jurisdiction of the [COUNTY] County Circuit Court, Family Division.
12.2 Mediation. Except for emergencies, the Parties shall attempt mediation with a mutually agreed, Wisconsin-certified family mediator before filing any motion, consistent with Wis. Stat. § 767.405 (2023).
12.3 Arbitration (Limited). If mediation fails, the Parties may voluntarily submit discrete financial disputes (not custody or placement) to binding arbitration under Wis. Stat. ch. 788, provided the arbitrator’s award does not conflict with the Children’s best interests.
12.4 Court Intervention. Issues concerning Legal Custody, Physical Placement, or Relocation shall be determined by the Court.
12.5 Injunctive Relief. Either Party may seek immediate injunctive relief to protect the Children or to enforce this Agreement pending full adjudication.
13. RISK ALLOCATION (INDEMNIFICATION)
13.1 Child-Welfare Priority Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party from any losses, liabilities, or expenses (including reasonable attorney’s fees) arising out of:
(a) The Indemnifying Party’s violation of this Agreement resulting in harm or risk of harm to the Children;
(b) The Indemnifying Party’s willful failure to comply with any applicable child-welfare statute or Court order.
13.2 Exclusions. Indemnification shall not apply to indirect, consequential, or punitive damages, except to the extent mandated by statute or adjudicated by the Court in the Children’s best interests.
14. GENERAL PROVISIONS
14.1 Amendment. This Agreement may be amended only by a written instrument executed by both Parties and approved by the Court.
14.2 Waiver. No waiver of any provision shall be deemed a waiver of any other provision nor of a subsequent breach of the same provision.
14.3 Assignment. Neither Party may assign or delegate any rights or duties under this Agreement without prior written consent of the other Party and Court approval.
14.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to comply with applicable law and the Parties’ intent.
14.5 Integration. This Agreement constitutes the entire understanding between the Parties concerning the subject matter and supersedes all prior agreements, whether written or oral.
14.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which constitutes an original. Signatures transmitted by PDF or other reliable electronic means shall be deemed originals for all purposes under Wis. Stat. § 137.15 (2023).
14.7 Notices. All notices required hereunder shall be in writing and delivered: (i) by certified mail, return receipt requested; (ii) by reputable overnight courier; or (iii) by electronic mail with delivery confirmation, to the addresses listed in the preamble (or as later updated by written notice).
15. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Parent A | Parent B |
|---|---|
| _______ | _______ |
| [PARENT A NAME] | [PARENT B NAME] |
| Date: _______ | Date: _______ |
[// GUIDANCE: Attach notarization and witness acknowledgment blocks if required by local court rules or if the Parties desire additional formality.]
NOTARY ACKNOWLEDGMENT (Optional but recommended)
State of Wisconsin )
) ss.
County of ___ )
On this ___ day of ____, 20__, before me, a Notary Public in and for said State, personally appeared [PARENT A NAME] and [PARENT B NAME], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public, State of Wisconsin
My Commission Expires: _______
[// GUIDANCE: File this Agreement with the Court in compliance with local procedural rules (e.g., Form FA-604). Always confirm county-specific filing requirements and any mandatory parenting classes.]