The Importance of Completing a Proposed Parenting Plan

What Wisconsin parents should know about the 14 mandatory elements of a parenting plan. 

For many parents, entering a family law matter raises questions about how this major life transition may impact their child or children. Where will our child live? How will parenting time be divided? Who will make important decisions for our child? 

Courts address many of these concerns through child custody and physical placement orders. In Wis. Stat. §767.41(5)(am)(1) the first factor listed for the court to consider when determining child custody and physical placement is the wishes of the child’s parent(s). A proposed parenting plan allows each parent the opportunity to clearly outline their wishes.

Parenting Plans in Contested Family Law Proceedings

In contested family law proceedings—most often divorce or paternity actions—child custody and physical placement are of paramount concern for the courts. A lot of litigation in family law is centered around where the child lives, with whom and who and how decisions that affect them are made. Whether the Court establishes custody for the first time or revises an existing order, the guiding factors are found in Wis. Stat. §767.41(5)(am).

The law requires that each party files a parenting plan in any case in which custody and placement is contested, as outlined in Wis. Stat. §767.41(1m). The statutes go further to state that unless a party shows good cause for not filing a parenting plan, a party who does not file a parenting plan timely waives the right to object to the other party’s parenting plan.

In some cases, courts may impose other requirements on parties related to parenting plans and may provide other relief for parties failing to file one. A completed plan demonstrates to the Court and the parties that the parent has invested time and thought into what they are requesting.

The 14 Mandatory Elements of a Parenting Plan

Pursuant to Wis. Stat. §767.41(1m), at a minimum, parenting plans shall provide answers to 14 questions:

1. What legal custody or physical placement arrangement a parent is seeking.

• This article does not address specific types of legal custody and physical placement orders. However, the general types of legal custody options are: joint legal custody and shared legal custody. Similarly, courts may award primary placement to one parent, shared placement to both, or split placement equally.

2. Where the parent lives and where they intend to live during the next two years.

3. Where the parent works and their working hours.

• The Court does not award placement to one party over the other solely based on their employment status. It is necessary to know each parent’s availability when a court determines what placement arrangement to be in the child’s best interest.
• For example, it may not be feasible for a party working 3^rd shift to have overnight placement without knowing more about the situation. Similar to the factor above, an abused parent may not be required to disclose specific details related to their employment. 

4. What variable costs the parent is expected to incur on behalf of the child with as much specifics as possible.

• These costs may include childcare/day care for the child, transportation costs, school fees and supplies, clothing expenses, extracurricular activities, haircuts, cellphones and other general lifestyle expenses.  

5. Who will care for the child when a parent is unavailable, and who will cover those child care costs.

• In general, a party exercising placement is responsible for child care during their placement. If an employed parent wants placement time, the Court expects them to provide a child care plan.

6. Where the parent intends for the child to attend school.

7. Information as to the child’s medical provider and location.

• It is incumbent upon a party requesting custody to at least have some idea of the child’s medical provider or demonstrate a plan for their potential medical care.

8. Whether the parent has a preference for religious affiliation.

• Parents do not always agree on this crucial aspect of legal custody.

9. Beyond setting forth legal custody preferences, the plan should specify who should have the authority to make final decisions regarding nonemergency medical decisions, school and childcare for the children.

• The court may grant this authority to both parents jointly or to one parent alone

10. The plan should outline a placement proposal for holidays.

• Holidays cause lots of stress, especially when balancing placement between two households.  A thoughtful plan for how to share the holidays is necessary.

11. Similarly, the plan should provide for a proposed summer schedule.

• This rule only applies to parents of school-aged children, though parents of younger children can still address it. It is not necessary for parties to follow a schedule during the summer that is different from the school year schedule either.   

12. Whether—and how—a parent plans to allow contact between the other parent and the children during their placement.

• Depending on the actual placement schedule and the age of the children, this may not be as important compared to the other factors.
• If a parent intends to have a cellphone or other form of technology for the child to use for communication, the plan should specify whether that piece of technology is available for use by the other parent. This is a separate, but related factor, to the one above. Bringing cellphones from house to house does not come without its challenges or disagreements.

13. The plan should demonstrate how the parent proposes that disagreements should be resolved.

• Co-parenting disagreements do not end when legal action is completed. Parents should describe in their plan how they intend to work through those issues with the other parent.

14. Whether either party has engaged in spousal battery or domestic abuse.

• The statutes place an emphasis on this topic because it certainly affects the safety of the parties and the children.  It also affects the ability of the parties to safely and effectively communicate about the children. 

Parenting Plans Help Courts and Families

Parenting plans are generally the first opportunity for parents to tell the court what they would like as far as custody and placement. Hopefully it is not the first time that they are expressing those wishes to the other parent. 

These plans can help narrow down specific issues between the parties in contested cases. And as noted above, these plans show the court that the parents have put thought into what they are requesting. Additionally, these plans are instructive to the Court when it determines to whom and in what manner a party should be awarded custody and placement.

Final Thoughts

Future articles will look more closely into the factors for Courts to consider when making legal custody and physical placement determinations. In the meantime, if you have questions about family law, please contact one of our experienced lawyers today to schedule a complimentary consultation. We believe in protecting what matters most—your family, your finances, and your legacy. 

Our attorneys are available to meet by phone, video conference, or in person at our offices in Sheboygan, Mequon, and Random Lake. We also share educational content on TikTok, YouTube, LinkedIn, Facebook, and Instagram to help Wisconsin families better understand estate planning and family law. We encourage you to follow along for legal updates, practical guidance, and educational resources.

Disclaimer: We provide this article for general educational purposes only. Please do not treat this information as legal advice. Reading this article does not create an attorney-client relationship. Because every situation involves unique facts and circumstances, you should consult a qualified attorney regarding your specific legal needs.