What Is a Wisconsin Parenting Plan?

A Wisconsin parenting plan is a written proposal describing what a parent is asking the court to order regarding legal custody, physical placement, and the practical details of raising a child after separation. It is more than a calendar. A complete parenting plan addresses decision-making, school, health care, child care, holidays, summer schedules, communication, and other issues that often become sources of conflict.

When is a parenting plan required?

Under Wis. Stat. section 767.41(1m), when custody or placement is contested, a parent seeking legal custody or physical placement generally must file a proposed parenting plan after mediation has been waived or after mediation ends without an agreement, unless the court orders otherwise. The statute generally requires filing within 60 days after the waiver of mediation or notice that mediation did not resolve the dispute.

Except for cause shown, a party who is required to file a plan and fails to file it on time may waive the right to object to the other party's parenting plan. That makes the document strategically important, not merely procedural paperwork.

What must a parenting plan address?

·         The legal custody and physical placement arrangement being requested.

·         Where the parent lives and expects to live during the next two years, subject to statutory safety protections in domestic-abuse cases.

·         Employment and work hours.

·         Expected variable costs for the child.

·         Child-care arrangements and responsibility for child-care costs.

·         School attendance and educational decision-making.

·         Medical providers and medical decision-making.

·         Religious commitment, if any.

·         Responsibility for education, medical care, child-care providers, and extracurricular activities.

·         Holiday and summer schedules.

·         Contact and electronic communication with the other parent.

·         How disagreements over joint decision-making will be resolved.

·         Safe transfer arrangements when domestic abuse is an issue.

Why a detailed plan matters

A vague request for "50/50" or "reasonable placement" does not answer many of the questions that create disputes later. A useful parenting plan translates a legal request into a workable weekly and yearly structure. It can also help the GAL, mediator, and court compare the practical consequences of each parent's proposal.

Is the parenting plan automatically the final order?

No. A parenting plan is a proposal. The other parent may file a different plan, the GAL may recommend something different, and the court must ultimately decide custody and placement according to the child's best interests. If the parties later reach an agreement, the court may approve a stipulation and incorporate appropriate terms into the final order.

A good parenting plan should be specific enough to enforce

The final placement order should identify each parent's periods of physical placement in sufficient detail to permit enforcement if one parent is deprived of court-ordered placement. When drafting a parenting plan, specificity about exchanges, start and end times, holidays, school breaks, and transportation can reduce later conflict.

Official Wisconsin resources

Wis. Stat. section 767.41(1m) - Parenting plans: https://law.justia.com/codes/wisconsin/chapter-767/section-767-41/

Wisconsin Court System - Family forms: https://www.wicourts.gov/forms1/circuit/ccform.jsp?Category=12

General information only. This page is not legal advice, and the application of Wisconsin law depends on the facts of each case.

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