– from Frances W. in Shorewood, WI

Question Details:

My ex-husband and I currently have joint custody of our daughter. However, we are starting to disagree about where she should primarily live for her school. Is this something we need to figure out ourselves or can the court settle this problem for us?

Family Law Attorney Response:

There are a few approaches to settling placement dispute. However, in Bohms v. Bohms 140 Wis.2d 529, 410 N.W.2d 658 (Ct. App. 1987), the court decided parents with joint custody need to solve physical custody themselves.

Learn how to be your child's support system during a divorce. 

If parties desire to continue joint custody because they wish to share in making such major decision as are given to the legal custodian, they must resolve between themselves their disputes as to the physical placement of the child. The court has no authority to change just physical custody.

Give me a call if you have any further questions.

Trisha Festerling, J.D.

Family Law Attorney

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