Wisconsin Stipulation for Joint Legal Custody and Shared Physical Placement

STIPULATION FOR JOINT LEGAL CUSTODY AND SHARED PHYSICAL PLACEMENT

STATE OF WISCONSIN — CIRCUIT COURT — [____] COUNTY
FAMILY COURT BRANCH

In Re the Marriage/Paternity of:

Petitioner: [________________________________]

and

Respondent: [________________________________]

Case No.: [____] FA [________]

WISCONSIN LEGAL FRAMEWORK

Wisconsin law creates a statutory presumption that joint legal custody is in the best interest of the child (Wis. Stat. § 767.41(2)(am)). The court shall allocate periods of physical placement to maximize the time each parent may spend with the child, taking into account geographic separation and the factors under Wis. Stat. § 767.41(5)(am) (Wis. Stat. § 767.41(4)(a)2.).

Key Wisconsin terminology:

• Joint legal custody = both parents have equal rights and responsibilities to make major decisions for the child (Wis. Stat. § 767.001(1s))
• Periods of physical placement = the scheduled time each parent has the child physically placed with them (Wis. Stat. § 767.001(5))
• Wisconsin does NOT use "visitation" — use "physical placement" throughout

ARTICLE I — PARTIES AND CHILDREN

Section 1.01 — Identification of Parties

Parent A (Petitioner):
| Field | Information |
|---|---|
| Full Legal Name | [________________________________] |
| Residential Address | [________________________________] |
| County | [________________________________] |
| Employer | [________________________________] |
| Work Address | [________________________________] |
| Cell Phone | [________________________________] |
| Email | [________________________________] |
| Attorney | [________________________________] |
| State Bar No. | [________________________________] |

Parent B (Respondent):
| Field | Information |
|---|---|
| Full Legal Name | [________________________________] |
| Residential Address | [________________________________] |
| County | [________________________________] |
| Employer | [________________________________] |
| Work Address | [________________________________] |
| Cell Phone | [________________________________] |
| Email | [________________________________] |
| Attorney | [________________________________] |
| State Bar No. | [________________________________] |

Section 1.02 — Minor Children

Section 1.03 — Nature of Proceeding

This Stipulation is filed in connection with:
☐ Divorce under Wis. Stat. § 767.35
☐ Legal separation
☐ Paternity under Wis. Stat. § 767.80
☐ Custody/placement action under Wis. Stat. § 767.41

Section 1.04 — Parenting Education (Wis. Stat. § 767.401)

Both parties acknowledge the court's authority to order parenting education (up to 4 hours). The court may decline to hear a custody or placement motion from a party who refuses to attend.

☐ Parent A completed program on [__/__/____] at [________________________________]
☐ Parent B completed program on [__/__/____] at [________________________________]
☐ One or both parents have not yet completed the program

ARTICLE II — JOINT LEGAL CUSTODY

Section 2.01 — Grant of Joint Legal Custody

Consistent with the presumption under Wis. Stat. § 767.41(2)(am), the parties stipulate to joint legal custody of the minor child(ren). Both parents shall have equal rights and responsibilities to make major decisions affecting the child, including:

(a) Authorization for nonemergency health care, medical treatment, and surgical procedures
(b) Selection of health care providers (physicians, dentists, therapists)
(c) Choice of school, school enrollment, and educational program decisions (including IEP/504)
(d) Selection of child care providers
(e) Religious upbringing and training
(f) Mental health counseling or psychiatric treatment
(g) Authorization for extracurricular activities involving significant cost or time commitment
(h) Consent to obtain a driver's license
(i) Authorization for international travel
(j) Consent to marry or enter military service

Section 2.02 — Decision-Making Process

(a) Consultation: Before making any major decision, the proposing parent shall notify the other parent in writing (email, text, or co-parenting app message) at least [____] days before the decision must be made.

(b) Good-Faith Discussion: Both parents shall discuss the matter and attempt to reach agreement. If the parents cannot agree after [____] days of good-faith discussion, either parent may invoke the dispute resolution procedures in Article VII.

(c) Emergency Authority: When the child is in a parent's physical placement and an emergency arises requiring immediate medical or safety decisions, that parent may act without prior consultation. The acting parent shall notify the other parent within 24 hours.

(d) Day-to-Day Decisions: The parent with physical placement at any given time has authority over routine daily decisions, including meals, bedtime, hygiene, homework, activities, and discipline (Wis. Stat. § 767.001(5)).

Section 2.03 — Education Decisions

(a) Both parents shall be listed as contacts on all school records and shall independently receive report cards, progress reports, IEP/504 documents, and school communications.
(b) Both parents may attend parent-teacher conferences, school events, and extracurricular activities.
(c) Neither parent shall unilaterally enroll the child in a different school or school district without the other parent's written consent or a court order.
(d) Both parents shall cooperate on homework completion and academic support across households.

Section 2.04 — Medical Decisions

(a) Both parents shall be authorized to communicate directly with and receive information from all of the child's health care providers.
(b) The parent accompanying the child to a medical appointment shall inform the other parent of the diagnosis, treatment plan, and any follow-up requirements within [____] hours.
(c) Both parents' consent is required for non-emergency surgery, orthodontic treatment, or other significant medical procedures.
(d) Both parents shall maintain a shared record of the child's medications, allergies, and immunization history.

ARTICLE III — PHYSICAL PLACEMENT SCHEDULE

Section 3.01 — Shared Placement Framework

The parties stipulate to the following periods of physical placement, designed to maximize each parent's time with the child consistent with Wis. Stat. § 767.41(4)(a)2., while providing regularly occurring, meaningful periods of placement and preserving the child's stability.

Section 3.02 — Regular Schedule (School Year)

☐ Alternating Weeks:
Parent A: [________________________________] at [____] through [________________________________] at [____]
Parent B: The alternate week on the same schedule

☐ 2-2-3 Rotation:
Week 1: Parent A — Monday and Tuesday; Parent B — Wednesday and Thursday; Parent A — Friday through Sunday
Week 2: Parent B — Monday and Tuesday; Parent A — Wednesday and Thursday; Parent B — Friday through Sunday

☐ 5-2-2-5 Schedule:
Parent A — every Monday and Tuesday overnight
Parent B — every Wednesday and Thursday overnight
Alternating Friday after school through Monday morning school drop-off

☐ Custom Schedule:
Parent A's placement periods: [________________________________]
Parent B's placement periods: [________________________________]

Section 3.03 — Summer Schedule

☐ The regular school-year schedule continues through summer
☐ Modified summer schedule:

[________________________________]
[________________________________]

Extended Summer Placement: Each parent shall designate [____] weeks of uninterrupted summer placement with at least [____] days' advance written notice. The other parent's extended summer weeks shall not overlap. If the parents cannot agree on weeks, Parent A shall have first selection in even-numbered years and Parent B in odd-numbered years.

Section 3.04 — Holiday Schedule

Holiday periods supersede the regular placement schedule.

Section 3.05 — Exchanges

(a) Location:
☐ At the child's school (drop-off/pick-up)
☐ At a neutral public location: [________________________________]
☐ At Parent A's residence
☐ At Parent B's residence

(b) Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Parents share equally ☐ Other: [________________________________]

(c) Punctuality: The exchanging parent shall ensure the child is ready at the scheduled time. If a parent will be more than 15 minutes late, that parent shall notify the other parent immediately. Chronic lateness (three or more instances in a 60-day period) may be addressed through the dispute resolution process.

(d) Belongings: Each parent shall maintain a basic set of clothing, toiletries, and supplies at their home. School materials, medications, eyeglasses, and similar essential items shall travel with the child.

Section 3.06 — Right of First Refusal

☐ If either parent is unable to personally care for the child during their period of physical placement for more than [____] consecutive hours, that parent shall first offer the time to the other parent before arranging alternative care.

Method of notification: [________________________________]
Response time: [____] hours

☐ Right of first refusal does not apply.

ARTICLE IV — COMMUNICATION

Section 4.01 — Between Parents

Parents shall communicate regarding the child through:
☐ Direct contact (phone, text, email)
☐ Co-parenting application: [________________________________]
☐ Other: [________________________________]

Non-emergency communications shall receive a response within [____] hours.

Section 4.02 — Parent-Child Contact

During each parent's period of physical placement, the other parent may communicate with the child:
☐ By phone/video call at approximately [____] for up to [____] minutes daily
☐ Through unrestricted reasonable contact initiated by the child
☐ Other: [________________________________]

Neither parent shall monitor, record, or interfere with the child's communication with the other parent.

Section 4.03 — Information Sharing

Both parents shall have equal and independent access to:

• School records, report cards, and school communications
• Medical, dental, and mental health records
• Child care provider information
• Extracurricular activity schedules
• IEP/Section 504 documents

Both parents shall be listed as emergency contacts at the child's school, child care, and medical providers.

Section 4.04 — Change of Information

Each parent shall notify the other within [____] days of any change in residential address, telephone number, email, employer, household members, or emergency contacts.

ARTICLE V — RELOCATION (Wis. Stat. § 767.481)

Section 5.01 — Statutory Requirements

Both parents acknowledge the Wisconsin relocation statute:

(a) Moves of 150+ miles within Wisconsin or any move out of state: The relocating parent must give the other parent at least 60 days' written notice by certified mail, with a copy to the court, before establishing the child's residence at the new location (Wis. Stat. § 767.481(1)).

(b) Removal for 90+ consecutive days: The same notice requirement applies if a parent intends to remove the child from Wisconsin for more than 90 consecutive days.

(c) Notice contents: The notice must state the proposed action, specific date and location of the move, and that the other parent may object (Wis. Stat. § 767.481(2)).

Section 5.02 — Objection Process

The non-moving parent may file an objection with the court. If contested, the court shall hold a hearing and consider:

• Whether the move is reasonable and made in good faith
• The effect on the child's relationship with the non-moving parent
• Whether a revised physical placement schedule can preserve the child's relationship with both parents
• The child's educational, social, and emotional needs
  (Wis. Stat. § 767.481(4)(c))

Section 5.03 — Moves Under 150 Miles

For moves within Wisconsin of less than 150 miles, the moving parent shall provide [____] days' advance written notice and the parties shall negotiate any necessary adjustments to the placement schedule in good faith.

ARTICLE VI — DOMESTIC VIOLENCE SCREENING (Wis. Stat. § 767.41(2)(d))

Section 6.01 — Disclosure

☐ Neither party has engaged in a pattern or serious incident of interspousal battery (Wis. Stat. § 940.19, § 940.20(1m)) or domestic abuse (Wis. Stat. § 813.12(1)(am)).

☐ A history of domestic violence exists. The rebuttable presumption under Wis. Stat. § 767.41(2)(d) applies, making it presumptively detrimental to the child to award joint or sole legal custody to the party who committed the abuse. The presumption may be rebutted only by evidence that the party has:
(a) Successfully completed a certified batterers' treatment program; and
(b) Is not abusing alcohol or other drugs.

Section 6.02 — Safety Provisions (if applicable)

☐ Not applicable
☐ The following safety measures are incorporated: [________________________________]

ARTICLE VII — DISPUTE RESOLUTION

Section 7.01 — Good-Faith Communication

Parents shall first attempt to resolve disagreements through direct, child-focused communication.

Section 7.02 — Mediation (Wis. Stat. § 767.405)

If direct communication fails, the parties shall participate in mediation. Mediation costs shall be:
☐ Shared equally
☐ Proportional: Parent A [____]% / Parent B [____]%

Exception: Mediation is not required in cases involving domestic abuse (Wis. Stat. § 767.405(12)).

Section 7.03 — Family Court Commissioner (Wis. Stat. § 767.13)

If mediation is unsuccessful or waived, either party may file a motion with the Family Court Commissioner. The Family Court Commissioner has authority to enter orders on temporary matters and make recommendations. Either party may request de novo review by the circuit court judge.

Section 7.04 — Guardian ad Litem (Wis. Stat. § 767.407)

In contested proceedings, the court shall appoint a GAL to advocate for the child's best interests. The GAL shall consider the factors under Wis. Stat. § 767.41(5)(am) and investigate evidence of domestic abuse.

GAL fees: ☐ Equal ☐ Proportional ☐ Court-determined

Section 7.05 — Continuing Jurisdiction

The [________________________________] County Circuit Court retains continuing, exclusive jurisdiction under the UCCJEA (Wis. Stat. §§ 822.01–822.45).

ARTICLE VIII — FINANCIAL PROVISIONS RELATED TO PLACEMENT

Section 8.01 — Health Insurance

☐ Parent A shall maintain health insurance for the child
☐ Parent B shall maintain health insurance for the child
☐ Both parents shall maintain health insurance if available through employment

Section 8.02 — Unreimbursed Medical Expenses

Unreimbursed medical, dental, orthodontic, optical, prescription, and mental health expenses shall be shared:
☐ Equally (50/50)
☐ Proportionally based on income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

The parent incurring the expense shall submit documentation within [____] days. The other parent shall reimburse within [____] days of receipt.

Section 8.03 — Extracurricular Activity Costs

Costs for mutually agreed-upon extracurricular activities shall be shared:
☐ Equally
☐ Proportionally: Parent A [____]% / Parent B [____]%
☐ The enrolling parent pays

Section 8.04 — Child Care Costs

Work-related child care costs shall be shared:
☐ Equally
☐ Proportionally: Parent A [____]% / Parent B [____]%

Section 8.05 — Tax Dependency Exemption

The parties agree that the child shall be claimed as a dependent for tax purposes by:
☐ Parent A in even years / Parent B in odd years
☐ Parent A each year
☐ Parent B each year
☐ Other: [________________________________]

ARTICLE IX — ADDITIONAL COVENANTS

Section 9.01 — Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or household members in the presence or hearing of the child.

Section 9.02 — Substance Use

Neither parent shall use illegal substances or consume alcohol to impairment during periods of physical placement or within [____] hours before placement begins.

Section 9.03 — Firearms Safety

All firearms in either household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child.

Section 9.04 — New Partners

Neither parent shall allow a new romantic partner to have overnight stays when the child is present until: ☐ [____] months into the relationship ☐ The other parent is notified ☐ No restriction

Section 9.05 — Consistency

Both parents shall maintain reasonably consistent rules, expectations, and routines across households regarding homework, bedtime, screen time, and behavior.

Section 9.06 — Travel

(a) Domestic travel: Each parent may travel domestically with the child during their placement period. The traveling parent shall provide the other parent with an itinerary and emergency contact information [____] days in advance.
(b) International travel: Requires both parents' written consent and appropriate travel documents. Neither parent shall apply for or retain the child's passport without the other parent's consent.

Section 9.07 — Modifications

This Stipulation may be modified by:
(a) Written agreement of both parents, approved by the court; or
(b) Court order under Wis. Stat. § 767.451.

The two-year restriction on modifications under Wis. Stat. § 767.451(1) applies to any substantial change in legal custody or physical placement.

ARTICLE X — SIGNATURES

The undersigned parties stipulate and agree to the foregoing provisions regarding joint legal custody and shared physical placement. Each party represents that this Stipulation is entered into voluntarily, without coercion, and in the best interest of the child(ren) under Wis. Stat. § 767.41(5)(am).

PARENT A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT A:

Signature: [________________________________]
Printed Name: [________________________________]
State Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PARENT B:

Signature: [________________________________]
Printed Name: [________________________________]
State Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Date: [__/__/____]

ORDER

The Court, having reviewed the foregoing Stipulation and the factors under Wis. Stat. § 767.41(5)(am), and finding that joint legal custody and the physical placement schedule set forth herein serve the best interest of the minor child(ren):

IT IS ORDERED that the parties shall have joint legal custody and periods of physical placement as set forth in the foregoing Stipulation.

IT IS FURTHER ORDERED that this Order incorporates and is subject to all terms and conditions of the Stipulation.

Date: [__/__/____]

________________________________________
Circuit Court Judge / Family Court Commissioner
[________________________________] County Circuit Court
Branch [____]

SOURCES AND REFERENCES

• Wis. Stat. § 767.41 — Custody and physical placement: https://docs.legis.wisconsin.gov/statutes/statutes/767/v/41
• Wis. Stat. § 767.41(2)(am) — Joint legal custody presumption: https://docs.legis.wisconsin.gov/statutes/statutes/767/V/41/2/am
• Wis. Stat. § 767.41(4) — Physical placement provisions: https://docs.legis.wisconsin.gov/statutes/statutes/767/V/41/4
• Wis. Stat. § 767.41(5)(am) — Best interest factors: https://docs.legis.wisconsin.gov/statutes/statutes/767/V/41/5/am
• Wis. Stat. § 767.481 — Relocation: https://docs.legis.wisconsin.gov/statutes/statutes/767/v/481
• Wis. Stat. § 767.407 — Guardian ad litem: https://docs.legis.wisconsin.gov/statutes/statutes/767/v/407
• Wis. Stat. § 767.401 — Parenting education: https://docs.legis.wisconsin.gov/statutes/statutes/767/v/401
• Wis. Stat. § 767.405 — Mediation services: https://docs.legis.wisconsin.gov/statutes/statutes/767/v/405
• Wisconsin Court System — Family Law Forms: https://www.wicourts.gov/forms1/circuit/ccform.jsp?Category=16
• UCCJEA (Wis. Stat. §§ 822.01–822.45): https://docs.legis.wisconsin.gov/statutes/statutes/822