767.24 767.24 Custody and physical placement.
767.24(1) (1)General provisions. In rendering a judgment of annulment, divorce, legal separation or paternity, or in rendering a judgment in an action under s. 767.02 (1) (e) or 767.62 (3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.
767.24(1m) (1m)Parenting plan. In an action for annulment, divorce or legal separation, an action to determine paternity or an action under s. 767.02 (1) (e) or 767.62 (3) in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court before any pretrial conference. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:
767.24(1m)(a) (a) What legal custody or physical placement the parent is seeking.
767.24(1m)(b) (b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.
767.24(1m)(c) (c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.
767.24(1m)(d) (d) Who will provide any necessary child care when the parent cannot and who will pay for the child care.
767.24(1m)(e) (e) Where the child will go to school.
767.24(1m)(f) (f) What doctor or health care facility will provide medical care for the child.
767.24(1m)(g) (g) How the child's medical expenses will be paid.
767.24(1m)(h) (h) What the child's religious commitment will be, if any.
767.24(1m)(i) (i) Who will make decisions about the child's education, medical care, choice of child care providers and extracurricular activities.
767.24(1m)(j) (j) How the holidays will be divided.
767.24(1m)(k) (k) What the child's summer schedule will be.
767.24(1m)(L) (L) Whether and how the child will be able to contact the other parent when the child has physical placement with the parent providing the parenting plan.
767.24(1m)(m) (m) How the parent proposes to resolve disagreements related to matters over which the court orders joint decision making.
767.24(1m)(n) (n) What child support, family support, maintenance or other income transfer there will be.
767.24(1m)(o) (o) If there is evidence that either party engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.
767.24(2) (2)Custody to party; joint or sole.
767.24(2)(a)(a) Subject to pars. (am), (b) and (c), based on the best interest of the child and after considering the factors under sub. (5), the court may give joint legal custody or sole legal custody of a minor child.
767.24(2)(am) (am) The court shall presume that joint legal custody is in the best interest of the child.
767.24(2)(b) (b) The court may give sole legal custody only if it finds that doing so is in the child's best interest and that either of the following applies:
767.24(2)(b)1. 1. Both parties agree to sole legal custody with the same party.
767.24(2)(b)2. 2. The parties do not agree to sole legal custody with the same party, but at least one party requests sole legal custody and the court specifically finds any of the following:
767.24(2)(b)2.a. a. One party is not capable of performing parental duties and responsibilities or does not wish to have an active role in raising the child.
767.24(2)(b)2.b. b. One or more conditions exist at that time that would substantially interfere with the exercise of joint legal custody.
767.24(2)(b)2.c. c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2), or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required.
767.24(2)(c) (c) The court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court finds that the refusal to cooperate is unreasonable.
767.24(3) (3)Custody to agency or relative.