– from Ernest O. in Greendale, WI

Question Details:

My ex-wife and I have joint custody of our son. Right now the majority placement is with her. However, we live in the same city and I want to have more placement than every other weekend. Is this something I need the courts to solve?

Family Law Attorney Response:

Originally, the courts made the final decision after the party moving for placement either passed or failed the burden of proof.

However, after Miller v. Miller, 136 Wis.2d 441, 401 N.W.2d 846 (Ct. App. 1987), physical placement is now decided among those with joint custody. When a trial court awards joint custody, the court defers in matters relating to important decision-making, including physical placement, as physical placement in a judgment is not essential to the validity of the judgment.

Learn about the role of a parenting coordinator during divorce.

Please call if you have any more questions.

Dan Exner, J.D.

Family Law Attorney

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