Parenting plans—also known as custody agreements or custody and visitation agreements—are proposals submitted by parents for how issues involving children should be handled following a divorce or other proceeding in family court. The court will usually request the parents submit such a document proposing how conservatorship (decision-making), custody or possession, support, and other issues will be handled. The court may adopt some or all of these proposals and include them in the court’s order (divorce decree, child support and custody order), at which point the become legally enforceable.
In many states there is a standard possession order (SPO) that serves as the default terms for such matters, and as a useful starting point for parents who wish to modify it by agreement.
In Wisconsin, parenting plans are required in any court action affecting child custody or physical placement, such as divorce or separation proceedings. These plans outline how the parents will share decision-making responsibilities (conservatorship), time with the child (custody or possession), child support, and other important matters concerning the welfare of the child. Wisconsin Statute § 767.41 details the requirements for a parenting plan, which must include provisions for legal custody and physical placement, a method for resolving disputes, and how the parents will communicate about the child. If the parents cannot agree on a plan, the court may order mediation or appoint a guardian ad litem to represent the child's best interests. The court will review the proposed parenting plans and may adopt all or part of them in the final order. If parents do not submit a plan, the court can create one based on the child's best interests. Wisconsin does not have a standard possession order (SPO) like some other states, but the court will consider the best interests of the child when determining custody and placement.