Parenting Plans In Family and Paternity Court

What they are and why you must do them

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 by: The Honorable Gary L. Carlson,  Circuit Judge  Circuit Court of Taylor County

Disclaimer:  This document is intended to give some general information to the public about parenting plans in divorce and paternity court, as applied in Taylor County, WI.    It is not intended to give specific legal advice to any individual.  If you need specific legal advice, you should consult with an attorney.     ©Judge Gary Carlson, Taylor County Circuit Court, 2000

Why a Parenting Plan?

Parenting a child is not easy!    Raising a child is a demanding, time consuming and tough job.

This difficulty of child raising exists even when a mother and father live together and cooperate with each other in the task.  But it is especially difficult when the parents are not together either because of a divorce or separation or because they were never living together.  The problems are even worse when the parents have difficulty getting along with each other.  Unfortunately, the loser in that situation is usually the child.

The Wisconsin legislature determined that it wanted to find a way to reduce the strain on a child and the parents.  One solution was to have each parent think about the issues of how they would parent in the future.  Part of the solution was also to “put it in writing.”  This evolved into the “parenting plan.”

What is a parenting plan?

 Is there some "form" for such a Parenting Plan?

Yes.  A form was written to help guide you through the thinking process of making the necessary decisions.  The form provides various alternatives and allows you to choose the ones you believe are best for your child, the other parent, and yourself.  It also provides the opportunity to expand on any answer by attaching additional comments or notes.

Where can I get this form? Does it cost anything?

The form is free. It can be obtained at the offices of  the clerk of court or circuit judge, the child support agency, the family court mediator, and  the family court commissioner’s office.    Most local attorneys will also have copies of the form.

When a divorce or paternity case is filed, the Clerk of Court will attach blank copies of the form to the papers that are filed.

When does a Parenting Plan have to be completed?  

The law requires the form to be filed with the court no later than the “pretrial conference.”  In divorce cases, the Parenting Plan must be filed at the pretrial/scheduling conference date.  In Paternity cases, it must be filed by the time of the hearing that will formally adjudicate the paternity of the father.

What if the other parent and I have already reached an agreement on these issues?   

If you   and the other parent have already worked out a solution to the issues of child custody, placement, support, and the other issues covered by the Parenting Plan, it is not necessary to complete the form.  Your agreement takes the place of the Parenting Plan.  A Parenting Plan is needed when the parents are unable to agree and the judge is going to have to make a decision.

The Parenting Plan form is a good starting point for discussions between you and the other parent to help you reach an agreement.  It covers areas and makes suggestions that you might not otherwise have thought about.  Thinking about those issues now can save a lot of heartache, and maybe some money, in the future.  The best parenting plan is one reached cooperatively between the parents.

What if I don't file a parenting plan?

The fact that some parents might not want to file a parenting plan concerned the legislature.  So they provided a penalty.  If a parent does not file a parenting plan, they lose the right to contest or argue against any plan filed by the other parent.  The judge could just adopt the other parent’s plan without your ability to argue against it.  The only way a parent can avoid that result is to prove to the judge that their failure to file the Parenting Plan on time was for “good cause.”  “Good Cause” requires more than just “I didn’t feel like it” or “I didn’t want to do it.”  It requires a showing of mistake, inadvertence, surprise, or excusable neglect.

 I have been the victim of battery or domestic abuse by the other parent. I don't want the other parent to have my address or work information!

If you have been the victim of  spousal battery or domestic abuse by the other parent, you are not required to give specific answers to some of the questions on the form.  A general response is sufficient.  The form itself indicates which questions do not require specific answers because of battery or domestic abuse.  To avoid fully answering these questions, the victim must be able to provide “evidence” that it occurred if the other parent challenges the claim of battery or abuse.

 What does "interspousal battery" mean?

The term “inter-spousal battery” is defined as battery to a spouse.  Battery, as defined in èè940.19 or 940.20(1m), Wisconsin Statutes, is the causing of bodily harm (including pain),   with the intent to cause such bodily harm,    without the consent of the victim, and     with knowledge that the victim did not consent.

More serious charges of battery involve greater injury or more serious intentions by the perpetrator.

What is " domestic abuse" ?

The term “domestic abuse” is defined in è813.12(1)(a), Wisconsin Statutes, as the:     intentional infliction of physical pain, physical injury or illness, or,    intentional impairment of a physical condition, or,     first, second, or third degree sexual assault (èè940.225(1), (2), or (3) Wisconsin Statutes), or,    threats to engage in any of the above,     by parties who are adults, and          who are or were married, live together, or have a child in common.

What does the form mean by "Legal Custody"?

A child’s “legal custodian” refers to the person, persons, or agency that:    is the lawful authority to make decisions on behalf of the child, and,   is legally responsible for the welfare of the child.

In general, at the birth of the child, the parents are the legal custodians.  If the child is born out of wedlock, a father’s rights are determined at the time of a formal court adjudication of paternity.

At the time of a divorce or an adjudication of paternity, a decision must be made about legal custody.  The law requires the judge to presume that “joint legal custody” is in the best interests of the child.  If legal custody is granted jointly to both parents, then both have the equal authority to make decisions and assume responsibility for the welfare of the child.  If the court grants sole legal custody, then only that parent has such power and responsibility.

What does the form mean by  "Physical Placement" ?

A child’s “physical placement” refers to periods of time during which the child will be with one parent or the other.  The judge is required to allocate, or divide, the periods of physical placement between the parents.  In doing so, the judge is required to set a placement schedule that:   Allows the child to have regular, meaningful periods of physical placement with each parent, and, maximizes the amount of time the child may spend with each parent.

In the past it was common for a child to live mostly with one parent; that parent was said to have “primary physical placement.”  However, “shared placement,” in which each parent has relatively equal or substantial placement periods, occurs more often when the schedules of the parents and child can accommodate it. 

The judge must establish some schedule for the parents to follow.  Sometimes these schedules are very precise, listing the specific starting day and time of different placements.  Some schedules are more relaxed, saying only that the parties agree to reasonable placement upon reasonable notice.  Some schedules are a mixture of both.  The ability of the parents to cooperate and get along oftentimes dictates the type of placement schedule adopted.

In the past, shorter periods of physical placement were often called “visitation.”  However, the concept of “visitation” is inappropriate because it implies that the other parent is merely a “visitor” in the child’s life, rather than a full-fledged parent with the same rights, duties and responsibilities of the other parent.

What about child support ?

Wisconsin has guidelines for support that the judge is required to adopt.  In order to not use those guidelines the judge must find that the guidelines are unfair to the child or any of the parties.  It is up to you to prove the unfairness.  You may contact the Child Support Agency to help answer any questions you have about the guidelines.

The other parent and I just don't get along; how are we supposed to make decisions ?

There isn’t an easy answer.  But the answer is not to simply exclude one of the parents from the  child’s life.

Courage and sacrifice by both parents are needed to ensure that the child’s needs remain most important.    This is your most important challenge as a parent

In the future, when your child looks back on how you did your job as a parent, the child will not care about which parent “won” or “lost” which battle.  The child will instead look back and remember how miserable or happy he or she was with the way you handled those dealings with the other parent. 

Good luck!  And Good Parenting!

TC-FA011 Parenting Plans in Family and Paternity Court (04/11/2000)