So, you and your significant other separated and have a joint custody/joint placement order. Sharing placement has been relatively calm but now your child needs to start school. The two of you live in different school districts so who gets to choose the school district?
Under Wisconsin statutes, joint legal custody means that the parents share major decision making. Neither parent’s rights are superior. Major decisions include consent to marry, consent to enter military service, consent to obtain a driver’s license, authorize non-emergency healthcare, choice of school, and choice of religion. The presumption in Wisconsin is that joint legal custody is in the best interest of your child.
The sooner you start this discussion with your former significant other, the better. August is not the time to start discussing this. Most counties will require the parents to go to mediation first. Mediation is with a neutral third party who tries to help you work through the issues that you are having. This is the least expensive alternative. If at mediation you cannot reach an agreement, a motion will need to be filed with the court.
The court does not decide which school the child will go to; however, the court does decide which parent gets the right to make that choice. After a motion is filed, it will be set for an initial hearing. If you have already been to mediation on the issue, the court will appoint a Guardian ad Litem. A Guardian ad Litem is an attorney who does an investigation and looks into the best interest of your child and makes a recommendation to the court. If, after a Guardian ad Litem recommendation, the parties can reach an agreement or the court makes an order. If the parties are in disagreement with that order, the matter can be set for a trial. Mediation can often take a few months as can the Guardian ad Litem process. Therefore, the sooner this important decision is discussed and a motion filed, the better off you and your child will be.
If you need help with this process, please contact Petit & Dommershausen today and speak to one of our experienced family law attorneys. With three convenient locations in Oshkosh, the Appleton area, and Green Bay, we serve all of northeast Wisconsin including Outagamie, Winnebago, Waupaca, Calumet, Brown, Oconto, Marinette, and Fond do Lac counties.