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Wisconsin Law Relating to Child Custody, Physical Placement and Visitation



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Wisconsin Legislative Council Staff July 23 1996 Information Memorandum 96 22 WISCONSIN LAW RELATING TO CHILD CUSTODY PHYSICAL PLACEMENT AND VISITATION INTRODUCTION This Information Memorandum summarizes the 1995 96 Wisconsin acts relating to child custody physical placement and visitation This Information Memorandum also provides an overview of Wisconsin law relating to these topics as affected by the 1995 96 acts Copies of all acts referred to in this Information Memorandum may be obtained from the Documents Room Lower Level One East Main Street Madison Wisconsin 53702 telephone 608 266 2400 This Information Memorandum is divided into the following parts Page I SUMMARY OF THE 1995 96 ACTS AFFECTING CHILD CUSTODY PHYSICAL PLACEMENT AND VISITATION IN WISCONSIN 3 II CHILD CUSTODY AND PHYSICAL PLACEMENT IN WISCONSIN 4 A Definitions 4 B Jurisdiction 4 C Petition 6 D Appointment of Guardian ad Litem 6 E Mediation of Legal Custody and Physical Placement Disputes Counseling 8 F Alternative Dispute Resolution 11 G Temporary Orders 12 H Final Custody and Physical Placement Orders 13 This Information Memorandum was prepared by Laura Rose Senior Staff Attorney Legislative Council Staff Page Page 2 III POST JUDGMENT MODIFICATION OF LEGAL CUSTODY AND PHYSICAL PLACEMENT ORDERS 16 A Contested Legal Custody Modifications 16 B Contested Physical Placement Modifications 16 C Stipulated Legal Custody and Physical Placement Modifications 17 D Change of Residence of Legal Custodian and Child 17 IV ENFORCEMENT OF LEGAL CUSTODY AND PHYSICAL PLACEMENT ORDERS 20 A Contempt of Court 20 B Interference With the Custody of a Child 21 C Referral to Family Court Counseling Services 22 V VISITATION RIGHTS OF THIRD PARTIES 23 A Visitation Rights in Event of Divorce or Other Action Affecting the Family 23 B Visitation Rights of Relatives Subsequent to Adoption of a Minor Child 23 C Visitation Rights of Grandparents and Stepparents Where One or Both Parents of a Minor Child is Deceased 25 D



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