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Under most circumstances, when a court sets a parenting schedule in a placement order, it is required to set a schedule that allows the children to have regularly occurring, meaningful periods of physical placement with each parent that maximizes the amount of time the child may spend with each parent.In Wisconsin, joint custody means the condition under which both parties share legal custody and where neither parent’s legal custody rights are superior.If parents do not agree on custody and placement, the commissioner will likely order the parties to mediation and may issue temporary orders about what the placement schedule should be while mediation is pending, depending on the circumstances of the case.

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Temporary orders are issued at a first hearing before a family court commissioner.

The commissioner will want to know what issues are contested and will likely accept agreements that the parties have.

This designation to one parent is often done if the parents have difficulty communicating, have different beliefs governing an issue, or if one parent is a significant distance from the other.

The child support order, and whether one should be issued, depends on the actual placement schedule and each parent’s income.

Sole legal custody is the condition under which one party has legal custody, or sole authority, to make decisions.

Alternatively, the parents can be awarded joint legal custody, but one parent can be awarded decision-making authority as to one or more areas of joint custody, to allow a decision to be made if the parties cannot reach an agreement, subject to review by the court.

In general, courts do not award placement time to grandparents if the case involves two parents; it is up to one of the parents to share their time with the grandparents.

Courts have awarded placement time with an absent parent’s family members.

In Wisconsin, the child must be emancipated in order to independently decide where he or she wants to live; this usually occurs when the child turns 18 or graduates from high school.

The wishes of the child are considered by the court at any age, but these wishes are communicated through the child’s Guardian ad Litem.

Prior to trial, the Guardian ad Litem will make a recommendation.

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