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| Custody
and Visitation Time With Children |
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| 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
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- 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.
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http://www.legislature.mi.gov/printDocument.aspx?objectName=mcl-722-27a&version=txt
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| 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
mandatory or
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. |
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Wisconsin
Law Journal: Supreme Court Takes Up
Placement Issue In Landwehr Case
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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. Let’s 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. § 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.
...
http://www.wislawjournal.com/archive/2006/0208/herman-020806.html
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Landwehr v
Landwehr Petition and Briefs
http://www.wisconsinfathers.org/landwehr.htm
Landwehr Oral
Argument (Requires Windows Media)
mms://sc-media.wicourts.gov/03AP2555.wma |
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