767.41 Custody and physical placement.
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767.41 Custody and physical placement.
(1)General provisions.
(a)Subject to ch. 822 , the question of a child’s custody may be determined as an incident of any action affecting the family or in an independent action for custody. The effect of any determination of a child’s custody is not binding personally against any parent or guardian unless the parent or guardian has been made personally subject to the jurisdiction of the court in the action as provided under ch. 801 or has been notified under s. 822.08 , as provided in s. 822.06 . Nothing in this chapter may be construed to foreclose a person other than a parent who has physical custody of a child from proceeding under ch. 822 .
(b)In rendering a judgment of annulment, divorce, legal separation, or paternity, or in rendering a judgment in an action under s. 767.001
(e), 767.501 , 767.804
(2), or 767.805
(3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.
(1m)Parenting plan. Unless the court orders otherwise, in an action for annulment, divorce, or legal separation, an action to determine paternity, or an action under s. 767.001
(e), 767.501 , 767.804
(2), or 767.805
(3), in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a proposed parenting plan with the court if the court waives the requirement to attend mediation under s. 767.405
(b)or if the parties have attended mediation and the mediator notifies the court under s. 767.405
(b)that the parties have not reached an agreement. Unless the court orders otherwise, the proposed parenting plan shall be filed within 60 days after the court waives the mediation requirement or the mediator notifies the court that no agreement has been reached. Except for cause shown, a party required to file a proposed parenting plan under this subsection who does not timely file a proposed parenting plan waives the right to object to the other party’s parenting plan. A proposed parenting plan shall provide information about the following questions:
(a)What legal custody or physical placement the parent is seeking.
(b)Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.60 or 940.61
(1)or s. 940.19 , 2023 stats., or s. 940.20
(1m), 2023 stats., or domestic abuse, as defined in s. 813.12
(am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.
(c)Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.60 or 940.61
(1)or s. 940.19 , 2023 stats., or s. 940.20
(1m), 2023 stats., or domestic abuse, as defined in s. 813.12
(am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.
(cm)With specific detail, what proposed variable costs are expected to be incurred by or on behalf of the child.
(d)Who will provide any necessary child care when the parent cannot and who will pay for the child care.
(e)Where the child will go to school.
(f)What doctor or health care facility will provide medical care for the child.
(h)What the child’s religious commitment will be, if any.
(i)Who will make decisions about the child’s education, medical care, choice of child care providers and extracurricular activities.
(j)How the holidays will be divided.