WISCONSIN

POSITIVES:

• Wisconsin's PTA has an appropriate adjustment to reflect the fixed, duplicated costs involved in shared parenting.

• Wisconsin's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

• Wisconsin's PTA has a very high threshold of 92 days.

• Wisconsin's PTA has a significant discontinuity (or discontinuities), creating a significant cliff effect or multiple cliff effects.

• Under certain circumstances, Wisconsin's PTA calculation can inappropriately result in a higher child support award than under sole custody.

POSITIVES:

• Wisconsin statutes contain a presumption that joint legal custody is in the best interest of a child. “Except as provided in par. (d) [concerning domestic abuse], the court shall presume that joint legal custody is in the best interest of the child.” WIS. STAT. § 767.41(2)(am)

• Wisconsin statutes contain a strong “friendly parent” provision. They state: “Except as provided in par. (d) [concerning domestic abuse], the court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court finds that the refusal to cooperate is unreasonable.” WIS. STAT. § 767.41(2)(c)

• Wisconsin statutes contain explicit provisions which “maximizes the amount of time the child may spend with each parent.” WIS. STAT. § 767.41(4)(a)

NEGATIVES: 

• Wisconsin has no statutes preference for, or presumption of shared physical custody for temporary or final orders.

• Wisconsin statutes do not explicitly pro- vide for shared parenting during either temporary or final orders.

• Wisconsin statute does not contain any policy statement or other language encouraging shared parenting.

Poll conducted in partnership with Wisconsin for Children and Families

Highlights:

In instances of divorce or separation:

• 97% of those in Wisconsin believe it is in the child’s best interest to have as much time as possible with each parent.

• 96% in Wisconsin expressed a commitment to vote their beliefs in being “more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent following separation or divorce when both parents are fit and willing to be parents.

• 85% of those in Wisconsin indicated they would support a change in Wisconsin law that awards children as much time as possible with each parent.

• 81% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict

• 82% believe that in instances of divorce or separation when both parents are fit and willing to be parents, shared parenting is best for children.

• 90% believe that both parents should have equal rights and responsibilities following divorce or separation.