Custody

In the beginning of a custody case, both you and the other parent will be asked to suggest a parenting plan that explains how you want custody and physical placement to be divided up. If you and the other parent are unable to reach a custody agreement, the judge will eventually hold a hearing (or trial), and the judge will make the final decision.

To prepare for the hearing, the court will appoint an attorney for your child (called a guardian ad litem) to investigate and represent the best interests of your child during the litigation.¹ You and the other parent also have a right to get a lawyer to represent you in the custody hearing. Some counties also have court social workers who do an investigation and recommend who should get custody and what the specific placement schedule should be. The investigation that is done by the social worker and guardian ad litem may take several months to a year. Once the investigation is done, the court schedules a hearing where the parents (with or without lawyers), social worker and guardian ad litem present their evidence, and the judge decides the issues of custody, placement and visitation.

¹ Wis. Stat. § 767.407(1)(a)