Family Court in Wisconsin: What Survivors Need to Know (Custody, Placement & Support)
A 2025 guide for domestic violence survivors in Wisconsin Family Court. Learn about the "767.41 Presumption" against custody, Safe at Home, and how to waive mandatory mediation.
Wisconsin Family Court (Circuit Court) uses unique terminology that survivors must understand to protect themselves. Unlike other states that still use "custody" and "visitation" loosely, Wisconsin law (Chapter 767) is very specific about the difference between Legal Custody (decision-making) and Physical Placement (where the child sleeps).
Crucially, Wisconsin has a strict statute (Wis. Stat. § 767.41) that creates a presumption against abusers having custody—but you must present the right evidence to trigger it.1
1. New Terminology: "Placement" vs. Custody
Legal Custody: The right to make major decisions (health, education, religion).2
Joint Legal Custody: The default presumption in Wisconsin.
Sole Legal Custody: You can request this if the other parent is unfit or unable to cooperate (e.g., due to abuse).
Physical Placement: The schedule of where the child lives.
Primary Placement: The child lives with you >75% of the time.
Shared Placement: The child lives with each parent at least 25% of the time (92 overnights/year).3
Guardian ad Litem (GAL): An attorney appointed by the court to represent the best interests of the child. They are extremely influential; the judge almost always follows their recommendation.
2. The "Rebuttable Presumption" (Wis. Stat. § 767.41(2)(d))
This is the most powerful tool for survivors in Wisconsin law.
The Law: If the court finds that a parent has engaged in a pattern or serious incident of interspousal battery or domestic abuse, there is a rebuttable presumption that it is detrimental to the child to award joint or sole legal custody to that parent.4
What this means: If you prove the abuse, the judge must assume the abuser should not have decision-making power.
How the Abuser Rebuts It: To overcome this, the abuser must prove they have successfully completed a certified batterer’s treatment program, are not abusing alcohol/drugs, and that custody is in the child's best interest.5
3. Restraining Orders: Domestic Abuse Injunctions
You can file for a Domestic Abuse Injunction under Wis.6 Stat. § 813.12.
Temporary Restraining Order (TRO): Issued immediately (ex parte) without the abuser present.7 It lasts until the final hearing (usually within 14 days).
Injunction Hearing: You must testify to prove the abuse. If granted, the injunction generally lasts 4 years (recently increased from 2 years).8
10-Year/Permanent Orders: If there is a substantial risk of homicide or sexual assault, the court can issue an injunction for 10 years or even permanently.
Firearms Surrender: If an injunction is issued, the abuser is mandatorily required to surrender all firearms to the Sheriff.
4. Mandatory Mediation & The Waiver
Wisconsin courts require mediation for custody disputes.9
The Risk: Mediation requires sitting in a room (or Zoom) with your abuser to negotiate.
The Exemption: Under Wis. Stat. § 767.405(8), the court usually must waive mediation if attending would cause undue hardship or endanger your health or safety.10
Action Item: You should file a request to waive mediation immediately. Some counties have a specific "Declaration of Domestic Abuse" form for this. If forced to attend, you have the right to demand separate sessions so you do not have to see the abuser.
5. Child Support (Percentage of Income Standard)
Wisconsin uses a strict percentage guidelines model (DCF 150) based on the gross income of the payer.11
Standard Rates (Primary Placement):
1 child: 17% of gross income.12
2 children: 25%13
3 children: 29%
4 children: 31%14
Shared Placement Formula: If the other parent has the child for at least 25% of the overnights (92 days/year), the support drops significantly based on a "shared placement" formula.15 This often motivates abusers to demand "50/50" placement just to lower payments.
Good Cause Claim: If you receive W-2 (TANF) or BadgerCare, the state will try to sue the father for support. You can file a "Good Cause Claim" to stop them if doing so would endanger you.
6. Address Confidentiality: "Safe at Home"
What it is: Wisconsin’s Safe at Home program provides survivors with a substitute legal address (a PO Box in Madison).16
How it helps: You can use this address for your driver's license, voter registration, and court documents so your actual home address does not appear in public records.
Contact: Call 1-800-446-6564 to enroll.
Frequently Asked Questions (FAQ)
Q1: Can I move out of state with my child?
Not easily. Wisconsin has strict laws on removing a child. If you move more than 100 miles away or out of state, you generally need to file a motion and give notice. However, if you are fleeing violence to a domestic violence shelter, the court may view this differently, but you must file for a temporary order immediately to avoid "interference with custody" accusations.
Q2: Will the judge order 50/50 placement?
It is common, but NOT mandatory. Wisconsin law requires the court to "maximize" the time the child spends with each parent, but only if it is in the child's best interest. Wis. Stat. § 767.41(5)(bm) states that the safety of the child and victim is the paramount concern.17 You must present evidence (police reports, photos, texts) showing why 50/50 is unsafe.
Q3: Can I record my spouse to prove abuse?
Yes. Wisconsin is a "One-Party Consent" state. You can legally record a conversation you are participating in without the other person's knowledge. These recordings can be powerful evidence in family court to prove verbal abuse and threats.
Q4: Do I need a lawyer for the Injunction Hearing?
It is highly recommended. The hearing is a mini-trial with witnesses and evidence. If you lose, it is hard to try again. Judicare (for Northern WI) and Legal Action of Wisconsin (for Southern WI) provide free legal aid to qualifying survivors.18
Q5: What is a "Guardian ad Litem" (GAL)?
A GAL is a lawyer for your child. You (and the other parent) usually have to pay for them. Be honest with the GAL, but remember: they are not your lawyer. Their job is to investigate. Provide them with a timeline of abuse and police reports immediately.
Q6: Does "coercive control" count in Wisconsin?
Yes. While the specific phrase "coercive control" is newer to the statutes, the definition of domestic abuse includes "infliction of physical pain, injury or illness" and unreasonable restraint. Judges increasingly recognize patterns of isolation and financial control as factors that rebut the presumption of joint custody.
References & Resources
End Domestic Abuse Wisconsin: endabusewi.org (Shelter directory).
Safe at Home Program: safeathome.wi.gov.
Legal Action of Wisconsin: 1-855-947-2529 (Legal aid).
Wisconsin Court System Forms: wicourts.gov/forms (Look for form CV-402 for Injunctions).19
Legislation: Wis. Stat. § 767.41 (Custody/Placement), § 813.12 (Domestic Abuse Injunctions).20