Resources for achieving equal placement

Many parents want to be fully involved in raising their children but don’t have the money to hire attorneys to help resolve child custody, placement and support issues, when the other parent opposes their full involvement.   

Under the current procedures, used by most family courts in Wisconsin, parents are typically first required to attend mediation in the hopes that this will help them voluntarily resolve their child custody and placement issues. If one parent refuses to voluntarily accept the other's equal role in the raising of the children, the court then appoints a guardian ad litem and subsequently a placement study or psychological evaluations to make a recommendation to the court as to what they think is in the best interest of the child. As a result of these recommendations, parents are typically encouraged or even coerced into agreeing to the terms of these recommendations, which usually require one parent to accept significant but not equal placement of the children. The application of the DWD 40 child support standard in these cases, then often doesn't allow that parent to keep enough of his income to properly care for the children during his or her placement periods.  This intrusive process can take years to resolve and can cost each parent tens of thousands of dollars for fees of attorneys, guardian ad litem and psychological evaluations.

The documents on this site have been prepared to help parents, attorneys and courts resolve child placement conflicts more fairly, efficiently and without the unnecessary litigation and expenses that often result in most contested child placement disputes in Wisconsin, under the current procedures. These documents are based on the principle that parents in Wisconsin have a statutory and constitutionally protected right to equal placement of their children and that a placement study evaluator, guardian ad litem and the court may not deny fit parents, that live in the same community and have adequate accommodations, equal placement of their children without a compelling purpose.  The legal basis to justify this conclusion  is summarized in the brief in support of motion for equal placement.

Most family law professionals will oppose this approach, since this is a drastic departure from the way Wisconsin family courts have been doing business for decades.  While children and parents stand to gain by this less destructive and costly method of resolving these conflicts,  the need for the services of family law professionals would be greatly reduced if this approach was to be used in most Wisconsin courts.  It should be no surprise that an attorney may not be willing to raise these arguments on behalf of a parent. Therefore, parents may need to do this on their own behalf and on behalf of their children. 

It is important to respectfully and persistently raise these arguments as early in your case as possible.  If your attorney refuses to file such a motion, consider finding an attorney that will or file this pro-se.  If a court commissioner or a judge ignores their responsibility to support your request for equal placement,  you should consider filing a de novo review before a judge or to appeal a judge’s decision to the court of appeals.  Ultimately, through the persistence of parents, Wisconsin family law professionals and courts will have to stop ignoring their responsibility to support the equal rights of parents to raise their children and the corresponding right of the children to be raised by both parents, without unnecessary governmental intrusion.

The documents provided here can be modified and used for a variety of uses, based on the particular status of your case. They should be modified to reflect the specific facts and circumstances in your case. But keep it as short as possible.  The Microsoft(MS) word format, allows you to open the document and save it to your computer or floppy disc. You can then easily modify this document and save it for future use.

CAUTION: Using this information is still an uphill battle, since there is great resistance against changing the way Wisconsin courts have done business for decades. This information should only be used by parents that have sufficient skills to present this information effectively, have patience, persistence, and dedication to their children.

DOCUMENT TYPE

pdf format

MS word format

MOTION - This is a document that is used to ask the court to intervene and provide the relief desired.   More information on motions

draft of typical motion

draft of typical motion

AFFIDAVIT - An affidavit provides a statement of facts as sworn by the party signing the affidavit. It should correctly and concisely provide the facts of this case, so the court can understand all the important information about the issues, so as to be able to make an intelligent order. It should provide sufficient information regarding geographic separations and accommodations of the parties to  demonstrate that the equal placement order you are asking for is workable  and reasonable.

draft of typical affidavit

draft of typical affidavit

BRIEF IN SUPPORT OF MOTION FOR EQUAL PLACEMENT - This provides the legal standards the court should apply in dealing with the issues of this case for modification of existing orders.  Minor modifications should be made for temporary or initial orders.

draft of brief

draft of brief

PARENTING PLAN - This is a requirement defined by Wis. Stat. 767.24 . It should be filled out to define what you believe is in the best interest of the child. Keep the placement proposal simple to understand, and in written as you would like to see it in a court order.  (More information on parenting plans)

parenting plan form

parenting plan form

WI court form FA 604 -  This form can be used to modify an existing order for child custody, support and placement if both parents agree to the terms and sign this form. It needs only the signature of a Judge or court commissioner to modify an existing court order. You could consider filling this out and signing your portion of this to let the other parent and the court know that the case could be easily resolved if the other parent accepted your offer to equally share the responsibilities of raising your child. 

FA-604

FA-604

COVER LETTERS - Once all the above is prepared, you will need to attach a cover letter to explain all these documents, and to ask the court to schedule a hearing for this issue. Also, you will need to notify the attorney general's office about your challenging the constitutionality of the statutes.

draft of typical letters

draft of typical letters

The above information should all be prepared when filing the motion in this case.

The below information should be prepared in time for the hearing regarding the motion.

Proposed findings of fact conclusion of law and order -  If a court has to make a decision on issues that are disputed, the court must state it's reasons for its decision. Modify this document for the specific facts and circumstances of your case. This could also be submitted to the court in an electronic format on a floppy disc so the court could easily modify the provisions.  Judges are very busy. By making it easier for the court to order what you are asking for, you are more likely to get the court to do this.

draft of typical proposed order

draft of typical proposed order