Custody and Visitation
Time With Children
A decision is near from the Wisconsin Supreme Court on the
interpretation of the word "maximize" in thier custody statute. While
Michigan does not use the word "maximize" in their Child Custody Act, the
roughly analogous clause is highlighted in red below:
In both states the issue of the amount of parenting time (Wisconsin's term
is placement) may be analyzed as to what the various words and clauses mean
and if they are
hortatory. There may be much to learn from reading the petition and
briefs, listening to the oral argument and the opinion which is due shortly.
- MCL 722.27a - Parenting Time
- (1) Parenting time shall be granted in accordance with the best
interests of the child. It is presumed to be in the best interests of a
child for the child to have a strong relationship with both of his or
her parents. Except as otherwise provided in this section,
parenting time shall be granted to a parent in a
frequency, duration, and type reasonably calculated to promote a strong
relationship between the child and the parent granted parenting time.
Wisconsin Law Journal: Supreme Court Takes Up Placement Issue In
By Gregg Herman
Feb. 8, 2006
On Dec. 13, 2005, the Wisconsin Supreme Court heard oral arguments in
Landwehr v. Landwehr, 2003AP2555, a case presenting the issue of the proper
standard of review when determining a motion to modify physical placement.
Letís hope the high court relies heavily upon a recent court of appeals
opinion before rendering its decision in this case.
Landwehr focuses squarely on two statutes that seem to conflict. The
pre-judgment statute, Wis. Stat. ß 767.24(4)(a)(2), requires a court to set
a placement schedule that maximizes the amount of time a child spends with
each parent. Meanwhile, the post-judgment statute, Wis. Stat.
767.325(1)(b)2, presumes that the current allocation of physical placement
is in the best interest of a child.
Landwehr v Landwehr Petition and Briefs
Landwehr Oral Argument (Requires Windows Media)