• Skip to primary navigation
  • Skip to main content

Krueger Hernandez & Thompson SCEstate

Attorneys at Law

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Attorney and Staff Profiles
    • Communities We Serve
      • Adams County
      • Columbia County
      • Dane County
      • Madison/Middleton Area
      • Sauk County
  • Estate Planning
    • Asset Protection & Business Planning
    • ESTATE AND GIFT TAX FIGURES
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Practice Areas
    • Business Needs
    • Divorce / Family Matters
    • Injuries and Adverse Reactions To Vaccines
    • Real Estate
  • Resources
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • LGBTQ Resources
    • Pre Consultation Form
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • When a Loved One Passes Away With a Trust
      • When a Loved One Passes Away With a Will
  • Testimonials
    • Review us
    • Our Testimonials
  • Webinars
    • Legacy Wealth Planning
    • Medicaid Planning
  • Blog
  • Contact Us
  • Call Us Today (800) 431-9776
  • Attend Free Webinar
    • Medicaid Planning
    • Estate Planning
  • Show Search
Hide Search
Home / Family Law / Proposed Wisconsin Law Regarding Placement of a Child

Proposed Wisconsin Law Regarding Placement of a Child

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · Jul 7, 2011 ·

Wisconsin Assembly Bill 54 is currently creating enormous interest (and controversy) in the family law community. You can find the text of the Bill at: https://docs.legis.wisconsin.gov/2009/related/proposals/ab54. The Bill changes the standard for awarding physical placement of a child (“physical placement” defined as the time a child spends with a parent).  Under current law, when determining placement of a child, the court must provide for regular, meaningful placement that maximizes the time spent with each parent. The court reviews a lengthy list of factors to determine the allocation of placement that is in the child’s best interest. There is no presumption that equal placement is in the child’s interest. Assembly Bill 54 changes this rule, creating a presumption that a placement schedule is in a child’s best interest if it “equalizes to the highest degree” the amount of time with each parent. This Bill would work a rather radical change in Wisconsin law.  

This change is strongly supported by those who feel that fathers routinely are denied reasonable placement in family disputes.  They often cite research indicating that children do better with both parents involved, even after divorce, and reason that more placement for fathers would be beneficial to children. Additionally, the Bill’s supporters believe that a presumption of equal placement would drastically decrease the amount of placement disputes in court, easing the court’s burden and theoretically decreasing conflict over the children.

The Bill’s opponents argue that focusing on equal placement places the emphasis on the parent’s “rights” to placement, as opposed to what is best for the child. There are many cases in which one of the parents does not wish, or is not able to exercise, equal placement. There are also unfortunately instances when equal placement would be detrimental to the child. In such cases, the Bill places the burden on the objecting parent to prove that equal placement is detrimental. In cases of domestic violence, alcohol/substance abuse, or plain bad/inattentive parenting, opponents believe, that burden should not be on the objecting parent. The Bill also seems to remove the judge’s discretion to apply the relevant factors without the shadow of the equal presumption.

There are good arguments to be made on both sides. I would be very interested in readers’ thoughts on this Bill, and encourage you to submit your comments to this blog, to me directly at david@kh-law.net, or to your local representative.

  • Author
  • Recent Posts
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Latest posts by Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC (see all)
  • The Questions of Estate Planning, Part 6: Why - January 6, 2020
  • The Questions of Estate Planning, Part 5: How - January 2, 2020
  • The Questions of Estate Planning, Part 4: Where - December 30, 2019

Family Law Assembly Bill 54, Attorney, child, Divorce, domestic violence, equal placement, Family Law, father, Physical Placement, placement, Wisconsin

Blog subscription

MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

BARABOO

120 Third Street, Unit A
Baraboo, WI 53913
United States (US)
Phone: (608) 356-3961
Fax: 608-824-9140

By Appointment Only
All Mail Should be Directed to the Middleton Address

Opening hours

Monday7:00 AM - 5:30 PM
Tuesday7:00 AM - 5:30 PM
Wednesday7:00 AM - 5:30 PM
Thursday7:00 AM - 5:30 PM

Map

map for Krueger Hernandez & Thompson SC Estate ofice

Se Habla Español
Nous Parlons Français

  • Facebook
  • LinkedIn
  • Twitter

© 2021 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us