Divorce for Dads in Wisconsin: How Fathers Get Equal Placement Time

If you’re a dad going through a divorce, you may have one big question on your mind: How much time will I get with my kids? You don’t want to miss school mornings, weekend adventures, birthday celebrations, or the little everyday moments that make being a parent so special. 

Fortunately, Wisconsin law doesn’t give mothers an automatic advantage over fathers when deciding child placement. But equal placement isn’t guaranteed, either. The court looks at what’s best for your child and the circumstances of your family.

So, for divorced dads in Wisconsin, here is how fathers get equal placement time.

Do Wisconsin Fathers Have a Right to Equal Placement?

When it comes to making decisions about legal custody and physical placement, Wisconsin courts look at the best interests of the child. The law doesn’t favor one parent over the other because of their sex.

In other words, being a dad shouldn’t automatically put you at a disadvantage. But the court will not necessarily divide your child’s time equally just because you ask for a 50/50 schedule.

Under Wisconsin Statutes Section 767.41, courts must have placement schedules that provide regular, meaningful periods of placement with each parent. That means the court looks at how a proposed schedule will work for your child and whether it supports their needs.

What Will the Court Consider?

If you and your child’s other parent cannot agree on a schedule, the judge will look at several factors when deciding placement. These may include:

• Your relationship with your child
• Your proposed schedule
• Your ability to work with the other parent
• Your child’s relationships and routine
• Safety concerns

The court takes these circumstances as a whole. There’s no single factor that guarantees a favorable outcome for you.

How Can You Make a Strong Case for Equal Placement?

If you want to spend equal time with your kids, you need to show how you plan to make it work.

You may want to start with your child’s everyday life. Who will handle school drop-offs and pickups, and how will you manage homework, doctor appointments, sports practices, and childcare? 

These are details you want to settle before proposing a schedule. A parenting plan that prioritizes your child’s needs shows that you’ve taken the responsibility seriously.

And remember, you don’t have to prove that you’re a better parent than your child’s mother. The goal is to show that your proposed arrangement supports your child’s best interests and allows you to remain an active, involved dad.

What If Your Child’s Mother Doesn’t Agree to Equal Time?

This can be one of the hardest parts of a divorce. You may believe equal placement is best for your child, while your child’s mother wants a different arrangement.

First, you need to understand what’s behind the disagreement. Is she concerned about your work schedule, transportation, your child’s routine, or something else? If you can address those specific concerns, that may help you find a workable solution.

If you can reach an agreement, you may be able to avoid a lengthy court dispute. Mediation can provide a way to work through disagreements and explore possible schedules.

If an agreement isn’t possible, you may need the court to decide. A family law attorney can help you present your proposed parenting plan.

What If You Already Have a Placement Order?

Maybe your divorce is already final, but the current schedule leaves you with less time than you want. You might be wondering whether you can ask the court to change it.

This is possible, but modifying an existing placement order involves additional legal requirements. Depending on how long the order has been in place, you may need to show there is a substantial change in circumstances and that your requested modification meets the applicable law.

Once again, an attorney can review your current order and explain what options may be available.

Get Legal Help for Your Placement Time Issues 

Going through a divorce is difficult enough without worrying about your relationship with your children. At the Law Offices of Mark S. Knutson, S.C, we can help you understand Wisconsin’s placement laws and create a parenting arrangement that supports your relationship with your children.

If you’re a father seeking equal placement time in Wisconsin, reach out to us for a consultation today.