Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In Wisconsin, child custody laws are designed to ensure the best interests of the child are the primary consideration in custody and placement decisions. Legal custody in Wisconsin refers to the right to make major decisions about the child's life, such as education, health care, and religious upbringing. Physical placement, on the other hand, refers to where and with whom the child lives. Wisconsin statutes favor joint legal custody, allowing both parents to share in these decisions, unless it is shown that one parent is unfit or it would be detrimental to the child's best interests. Sole custody may be awarded in situations where joint custody is not in the child's best interests. Visitation rights, which may include supervised visitation, can be granted to the non-custodial parent. The state's family law statutes, which can be found in the Wisconsin Statutes under chapters related to domestic relations and children, provide the legal framework for these matters. These laws distinguish child custody from guardianship and adoption, which are separate legal arrangements with different implications for the care and responsibility of a child.