Difference Between Child Custody And Physical Placement In Wisconsin
After a couple gets a decree of absolute divorce, their marriage is considered as no
longer existing under the laws. As a result, either of them is given the right to
contract a subsequent marriage. However, this does not entail that their obligations
to their child are already severed upon the issuance of the divorce decree. Under the
law, the mother or father must still perform the parental duties and obligations even
after the finality of the divorce.
There is a need to know the difference between child custody and physical
placement in Wisconsin. These two terms are often interchanged causing confusion
to party litigants in divorce cases or child support and custody cases.
When one parent is granted custody, he or she has the right to make long-term and
life-long decisions for the children. The decisions to be made here are major or
those that have the capacity to affect the life of the children involved. As such, the
said parent can choose where to send the kid for school or whether the child can
secure a driver’s license.
On the other hand, when we talk of physical placement, it refers to a condition
wherein a particular parent is given the right to live with the kids. When one is
granted the physical placement of the child, then the parent has the right to have the
child be physically placed with him or her. During the placement, the parent can
make minor decisions or those that only involve the day-to-day life of the child.
There are two ways on how issues or disputes with respect to child custody and
physical placement may be resolved. One is through an extra-judicial agreement
executed by both parents. In this process, the parties would come to a bargaining
table and make certain negotiations as to the terms and conditions of the
arrangement. When everything is final, their respective lawyers will draft the
private contract, which shall be the law between the parties.
In cases where amicable settlement is impossible to be achieved, the parties will
need to go through court litigation. The judge of the Family Court will be the one
who will decide on the legal issues timely raised by both parties. The judge will
apply the “best interests of the child” principle when it comes to deciding the cases
or issuing court orders.
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