Wisconsin Stipulation for Sole Legal Custody and Primary Physical Placement

STIPULATION FOR SOLE LEGAL CUSTODY AND PRIMARY 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 — OVERCOMING THE JOINT CUSTODY PRESUMPTION

Wisconsin law creates a strong presumption that joint legal custody is in the best interest of the child (Wis. Stat. § 767.41(2)(am)). An award of sole legal custody requires the court to find that one or more of the following conditions exist under Wis. Stat. § 767.41(2)(b):

1. One party is not capable of performing parental duties and responsibilities or does not wish to have an active role in raising the child;
2. One or more conditions detrimental to the child exist that substantially impair the parties' ability to cooperate;
3. The parties will not be able to cooperate in future decision-making as required under joint legal custody; or
4. The presumption has been rebutted by the domestic abuse findings under Wis. Stat. § 767.41(2)(d).

Even when sole legal custody is awarded, Wisconsin law still requires the court to set periods of physical placement that maximize the time the child spends with each parent, taking into account the factors in Wis. Stat. § 767.41(5)(am) and geographic separation (Wis. Stat. § 767.41(4)(a)2.).

Important: Wisconsin uses "physical placement" — not "visitation." The non-custodial parent's time with the child is referred to as "periods of physical placement."

ARTICLE I — PARTIES AND CHILDREN

Section 1.01 — Custodial Parent

Section 1.02 — Non-Custodial Parent

Section 1.03 — Minor Children

Section 1.04 — Nature of Proceeding

☐ Divorce under Wis. Stat. § 767.35
☐ Legal separation
☐ Paternity under Wis. Stat. § 767.80
☐ Custody/placement action under Wis. Stat. § 767.41
☐ Modification under Wis. Stat. § 767.451

ARTICLE II — BASIS FOR SOLE LEGAL CUSTODY

Section 2.01 — Statutory Basis for Overcoming Joint Custody Presumption

The presumption of joint legal custody under Wis. Stat. § 767.41(2)(am) is overcome because (select all that apply):

☐ (a) Inability or unwillingness (Wis. Stat. § 767.41(2)(b)1.): The non-custodial parent is not capable of performing parental duties and responsibilities, or does not wish to have an active role in raising the child. Specifically:
[________________________________]
[________________________________]

☐ (b) Detrimental conditions (Wis. Stat. § 767.41(2)(b)2.): Conditions exist that are detrimental to the child and that substantially impair the ability of the parties to cooperate in future decision-making. Specifically:
[________________________________]
[________________________________]

☐ (c) Inability to cooperate (Wis. Stat. § 767.41(2)(b)3.): The parties will not be able to cooperate in future decision-making required under an award of joint legal custody. Specifically:
[________________________________]
[________________________________]

☐ (d) Domestic abuse (Wis. Stat. § 767.41(2)(d)): The court has found by a preponderance of evidence that the non-custodial parent engaged in a pattern or serious incident of interspousal battery (Wis. Stat. § 940.19 or § 940.20(1m)) or domestic abuse (Wis. Stat. § 813.12(1)(am)), creating a rebuttable presumption that it is detrimental and contrary to the best interest of the child to award joint or sole legal custody to that party. The presumption:
☐ Has NOT been rebutted
☐ Has been rebutted because the party has successfully completed a certified batterers' treatment program and is not abusing alcohol or other drugs (Wis. Stat. § 767.41(2)(d)2.)

Section 2.02 — Best Interest Factors (Wis. Stat. § 767.41(5)(am))

The parties acknowledge that the court has considered or will consider the following factors in determining that sole legal custody and the physical placement schedule herein serve the child's best interest:

1. Wishes of the parents as shown by this stipulation
2. Wishes of the child (considering age and maturity)
3. Interaction and interrelationship of the child with parents, siblings, and significant persons
4. Amount and quality of time each parent has spent with the child
5. Reasonable lifestyle changes proposed to maximize time with the child
6. Child's adjustment to home, school, religion, and community
7. Age and developmental/educational needs of the child
8. Mental or physical health of parties and household members
9. Need for regularly occurring, meaningful periods of physical placement
10. Availability of child care services
11. Cooperation and communication between parties
12. Whether each party can support the other's relationship with the child
13. Evidence of child abuse
14. Evidence of domestic abuse or criminal record involving household members
15. Whether either party has significant alcohol or drug problems
16. Reports of appropriate professionals
17. Any other relevant factor

ARTICLE III — SOLE LEGAL CUSTODY PROVISIONS

Section 3.01 — Grant of Sole Legal Custody

[________________________________] ("Custodial Parent") shall have sole legal custody of the minor child(ren), with the exclusive right and responsibility to make all major decisions regarding 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
(d) Selection of child care providers
(e) Religious upbringing and training
(f) Mental health counseling or psychiatric treatment
(g) Extracurricular activities
(h) Consent to obtain a driver's license
(i) Authorization for travel
(j) Consent to marry or enter military service

Section 3.02 — Consultation Rights of Non-Custodial Parent

Although the Custodial Parent has sole decision-making authority, the Custodial Parent:

☐ Shall consult with the non-custodial parent before making major decisions, giving reasonable consideration to the non-custodial parent's input, but the Custodial Parent retains final authority.

☐ May, but is not required to, consult with the non-custodial parent regarding major decisions.

☐ Shall not be required to consult due to: [________________________________]

Section 3.03 — Information Access for Non-Custodial Parent

Notwithstanding sole legal custody, the non-custodial parent retains the right to:

(a) Access the child's school records, report cards, and progress reports directly from the school
(b) Access the child's medical, dental, and mental health records directly from providers
(c) Attend school conferences, programs, and extracurricular events
(d) Communicate directly with the child's teachers, doctors, and other providers
(e) Receive prompt notice of emergencies, serious illness, or hospitalization

These rights exist under Wis. Stat. § 767.41(7) unless specifically restricted by the court.

ARTICLE IV — PHYSICAL PLACEMENT

Section 4.01 — Primary Physical Placement

The child(ren) shall have primary physical placement with the Custodial Parent at:
[________________________________]
[________________________________]

This shall be the child's primary address for school enrollment, mailing, and residency purposes.

Section 4.02 — Non-Custodial Parent's Periods of Physical Placement

Under Wis. Stat. § 767.41(4)(a)2., the court must set a physical placement schedule that maximizes the child's time with each parent. The non-custodial parent shall have the following periods of physical placement:

Select one option:

☐ Standard Placement Schedule:

• Alternating weekends: Friday at [____] through Sunday at [____]
• One midweek period: [________________________________] from [____] to [____]
• Total approximate overnights per year: [____]

☐ Expanded Placement Schedule:

• Alternating weekends: Friday after school through Monday morning school drop-off
• Two midweek overnights: [________________________________]
• Total approximate overnights per year: [____]

☐ Limited Placement Schedule:

• Every other weekend: Saturday at [____] to Sunday at [____]
• No midweek placement
• Total approximate overnights per year: [____]

☐ Supervised Physical Placement (Wis. Stat. § 767.41(6)(b)):

Supervision is required because:
☐ Court finding of domestic abuse under Wis. Stat. § 767.41(2)(d)
☐ Substance abuse concerns
☐ History of child abuse or neglect
☐ Mental health concerns
☐ Other: [________________________________]

Supervised placement terms:

• Frequency: [________________________________]
• Duration per session: [________________________________]
• Supervisor: ☐ Professional supervised visitation provider ☐ Approved third party: [________________________________]
• Location: ☐ Supervised visitation center ☐ Public location ☐ Other: [________________________________]
• Cost responsibility: ☐ Non-custodial parent ☐ Shared ☐ Other: [________________________________]
• Review of supervision: The parties agree to review the necessity of supervision every [____] months. Supervision may be reduced or eliminated upon a showing to the court that it is in the child's best interest.

☐ Custom Schedule:
[________________________________]
[________________________________]

Section 4.03 — Holiday and Break Schedule

Holiday placement supersedes the regular schedule.

Section 4.04 — Summer Placement

The non-custodial parent shall have [____] weeks of summer physical placement:
☐ Consecutive weeks
☐ Non-consecutive weeks (maximum [____] consecutive weeks)
☐ To be selected by [__/__/____] each year

Notice required: [____] days' advance written notice

The custodial parent shall have [____] weeks of uninterrupted summer time.

Section 4.05 — Exchanges

(a) Location: [________________________________]
(b) Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Other: [________________________________]
(c) Belongings: The custodial parent shall ensure the child has appropriate clothing, medications, school materials, and necessary items for each period of placement with the non-custodial parent.

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

Section 5.01 — Custodial Parent Relocation

The Custodial Parent acknowledges the relocation requirements under Wis. Stat. § 767.481:

(a) Relocation of 100 driving miles or more: If the non-custodial parent has periods of physical placement, the Custodial Parent must file a motion with the court seeking permission for the child's relocation before establishing the child's residence at the new location — except as provided in (b) below (Wis. Stat. § 767.481(1)(a)). The court shall schedule an initial hearing within 30 days of the motion, and the child may not be relocated before that hearing (Wis. Stat. § 767.481(2)).

(b) Exception — parents already living more than 100 driving miles apart: If the parents already live more than 100 driving miles apart when the Custodial Parent proposes to relocate, no motion is required; instead, the Custodial Parent shall serve written notice of intent to relocate at least 60 days before relocation, stating the date of the intended relocation and the new address (Wis. Stat. § 767.481(1)(d)).

(c) Contested moves: If the non-custodial parent objects to a motion filed under (a), the court shall refer the parties to mediation (unless mediation would cause undue hardship or endanger a party's health or safety), appoint a guardian ad litem, and determine whether the relocation is in the child's best interest.

Section 5.02 — Non-Custodial Parent Relocation

If the non-custodial parent relocates in a manner that affects the physical placement schedule, the parties shall negotiate in good faith to modify the schedule. If agreement cannot be reached, either party may petition the court under Wis. Stat. § 767.451.

ARTICLE VI — SAFETY AND PROTECTIVE PROVISIONS

Section 6.01 — Domestic Abuse Safety Plan (if applicable)

If the court has found domestic abuse under Wis. Stat. § 767.41(2)(d), the following safety provisions apply (Wis. Stat. § 767.41(6)(g)):

☐ Supervised exchange: All exchanges shall occur at [________________________________] or through a third-party intermediary: [________________________________]
☐ No direct contact: Parents shall communicate only through [________________________________]
☐ Geographic restriction on non-custodial parent: The non-custodial parent shall not come within [____] feet of the custodial parent's residence, workplace, or the child's school except during scheduled exchanges
☐ Alcohol/drug testing: The non-custodial parent shall submit to [________________________________] testing before or during placement periods
☐ Batterers' treatment: The non-custodial parent shall complete a certified batterers' treatment program under Wis. Stat. § 767.41(2)(d)2.
☐ Other provisions: [________________________________]

Section 6.02 — Substance Use Restrictions

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

Section 6.03 — Firearms Safety

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

ARTICLE VII — COMMUNICATION

Section 7.01 — Parent-Child Contact During Custodial Parent's Placement

The Custodial Parent shall facilitate reasonable communication between the child and the non-custodial parent:

☐ Daily phone/video call at approximately [____] for up to [____] minutes
☐ Unrestricted reasonable contact initiated by the child
☐ Other: [________________________________]

Section 7.02 — Parent-to-Parent Communication

The parties shall communicate regarding the child through:
☐ Direct communication (phone, text, email)
☐ Co-parenting application: [________________________________]
☐ Written communication only
☐ Through attorneys only

Section 7.03 — Emergency Notification

The Custodial Parent shall notify the non-custodial parent within [____] hours of any emergency, serious illness, injury, hospitalization, or involvement with law enforcement concerning the child.

Section 7.04 — 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 VIII — FINANCIAL PROVISIONS

Section 8.01 — Health Insurance

☐ Custodial Parent shall maintain health insurance for the child
☐ Non-custodial parent shall maintain health insurance for the child
☐ Both parents shall maintain if available through employment

Section 8.02 — Unreimbursed Medical Expenses

Unreimbursed medical expenses shall be shared:
☐ Per the child support calculation (Wis. Stat. § 767.511)
☐ Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Other: [________________________________]

Section 8.03 — Child Care and Activity Costs

Work-related child care costs: ☐ Per child support calculation ☐ Shared [____]%/[____]%
Extracurricular activities: ☐ Custodial Parent decides and pays ☐ Jointly decided and shared

ARTICLE IX — DISPUTE RESOLUTION

Section 9.01 — Mediation (Wis. Stat. § 767.405)

Before filing a motion, the parties shall attempt mediation unless domestic abuse is alleged (Wis. Stat. § 767.405(12)).

Section 9.02 — Family Court Commissioner (Wis. Stat. § 767.405; § 757.69)

Either party may request a hearing before the Family Court Commissioner under Wis. Stat. § 767.405. De novo review by the circuit court judge is available under Wis. Stat. § 757.69(8).

Section 9.03 — Guardian ad Litem (Wis. Stat. § 767.407)

In contested proceedings, the court shall appoint a GAL. The GAL shall consider the Wis. Stat. § 767.41(5)(am) factors and investigate domestic abuse.

Section 9.04 — Continuing Jurisdiction

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

ARTICLE X — MODIFICATION

Section 10.01 — Two-Year Restriction (Wis. Stat. § 767.451(1))

The parties acknowledge that Wisconsin law prohibits modification of legal custody or physical placement orders within two years of the initial order unless the moving party demonstrates by substantial evidence that the current conditions are physically or emotionally harmful to the child's best interest.

Section 10.02 — After Two Years (Wis. Stat. § 767.451(2))

After two years, either party may petition for modification upon a showing of a substantial change of circumstances and that the modification is in the child's best interest.

Section 10.03 — Non-Substantial Placement Changes (Wis. Stat. § 767.451(3))

Changes to the physical placement schedule that do not substantially alter the amount of time a parent spends with the child may be made at any time upon a showing that the modification is in the child's best interest.

ARTICLE XI — ADDITIONAL PROVISIONS

Section 11.01 — Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent in the child's presence or hearing.

Section 11.02 — Parental Alienation

Neither parent shall engage in conduct designed to undermine the child's relationship with the other parent.

Section 11.03 — Parenting Education (Wis. Stat. § 767.401)

☐ Both parties have completed the required parenting education program
☐ Completion pending — due by [__/__/____]

Section 11.04 — International Travel

The custodial parent may travel internationally with the child. The non-custodial parent must obtain written consent from the custodial parent for international travel. Neither parent shall retain or refuse to surrender the child's passport.

ARTICLE XII — SIGNATURES

The undersigned parties stipulate and agree to the foregoing terms regarding sole legal custody and physical placement. Each party represents that this Stipulation is entered into voluntarily, without coercion, and in the best interest of the child(ren).

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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

ATTORNEY FOR CUSTODIAL PARENT:

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

ATTORNEY FOR NON-CUSTODIAL PARENT:

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

ORDER

The Court, having reviewed the foregoing Stipulation and the factors under Wis. Stat. § 767.41(5)(am), and having found that the statutory presumption of joint legal custody under Wis. Stat. § 767.41(2)(am) is overcome for the reasons stated in Article II, and that sole legal custody to [________________________________] and the physical placement schedule set forth herein serve the best interest of the minor child(ren):

IT IS ORDERED that [________________________________] shall have sole legal custody of the minor child(ren).

IT IS FURTHER ORDERED that the parties shall have periods of physical placement as set forth in the foregoing Stipulation.

IT IS FURTHER ORDERED that all terms and conditions of the Stipulation are incorporated into this Order.

☐ The Court makes the following written findings regarding domestic abuse under Wis. Stat. § 767.41(2)(d):
[________________________________]
[________________________________]

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)–(b) — Joint custody presumption and conditions for sole custody: https://docs.legis.wisconsin.gov/statutes/statutes/767/V/41/2
• Wis. Stat. § 767.41(2)(d) — Domestic abuse presumption: https://docs.legis.wisconsin.gov/statutes/statutes/767/V/41/2/d
• Wis. Stat. § 767.41(5)(am) — Best interest factors: https://docs.legis.wisconsin.gov/statutes/statutes/767/V/41/5/am
• Wis. Stat. § 767.451 — Revision of custody/placement orders: https://docs.legis.wisconsin.gov/statutes/statutes/767/v/451
• Wis. Stat. § 767.481 — Relocating a child's residence (100-driving-mile motion/notice procedure): 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. § 767.405 — Family court services / family court commissioner: https://docs.legis.wisconsin.gov/statutes/statutes/767/v/405
• Wis. Stat. § 757.69 — Powers and duties of circuit court commissioners (de novo review under sub. (8)): https://docs.legis.wisconsin.gov/statutes/statutes/757/69
• Wisconsin Court System — Family Law Forms: https://www.wicourts.gov/forms1/circuit/ccform.jsp?Category=16
• Wisconsin State Law Library — Child Custody: https://wilawlibrary.gov/topics/familylaw/childcustody.php