Family Court

Additional Resources

Family Court Services

Legal Issues To Consider

Legal Custody and Physical Placement (visitation)

Legal Custody refers to the major decision-making authority for a child.  Wisconsin law presumes that joint legal custody is in the best interest of the child unless the court finds that awarding legal custody to a parent would be harmful to the child.  In making an order of joint legal custody, the court may specify what decisions are considered to be "major decisions."  The court may give one parent some responsibilities and give the other parent different responsibilities, or the parents may be required to agree on all major decisions.

Physical Placement refers to the right to have a child physically placed with a party.  It gives that party the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by a person having legal custody.  One party may be awarded primary physical placement with the other party having periods of physical placement (visitation), or the parties may be awarded shared physical placement.  It is recommended that the parties come to an agreement as to the legal custody and physical placement of the children. 

If they cannot, and a dispute arises, the court will order that the parties attend Mediation with Family Court Counseling Services.  If the parties are still unable to come to an agreement, the court may order a Physical Placement Study or appoint a Guardian ad Litem.  In making the final decision, the court will consider all factors related to the best interest of the child.  The court will consider many factors that are listed in WI Statute 767.41.

Personal Safety Issues

If your case involves minor children, and you have serious reason to believe that the health, safety, or liberty of you or a child would be jeopardized by the disclosure of certain identifying information both in paper and electronic records, you may request that identifying information be sealed from the public or the other party until a hearing is held.  Once you have completed the forms, the court will schedule a hearing. At that hearing you will have to convince the judge that it is in the interest of justice for the information to continue to be sealed. 

For more information related to Legal Custody and Physical Placement issues you may review Subchapter V of Wis. Stat. 767.

Family Law Assistance Program

On certain Tuesday's from noon to 1:00 p.m., in room 3252 of the Justice Center, volunteer attorneys assist Washington County self represented family court litigants by providing forms, written instructions, and checklists. They also provide procedural guidance and assistance in completing the forms and following the written instructions. There is no cost for the service. No appointment is necessary. Walk-ins are welcome, and will be assisted on a first-come first-served basis.  Self represented parties can use this service pre-judgment and post-judgment for divorce, legal separation, annulment, child support, and other family court actions.


NOTE: The volunteer attorneys cannot provide legal advice as part of this program. All parties to Family Court cases are encouraged to consult with an attorney. There is no substitute for legal advice received from an experienced family law attorney. An experienced family law attorney retained by a party can explain options and provide information to that party regarding the long-term legal and financial consequences of those options. 


The Family Law Assistance Program will not be available the week of Thanksgiving, Christmas, New Years, Memorial Day, 4th of July, and Labor Day. 

Family Mediation

The Program's purpose is to serve and support parents who are involved in legal custody and physical placement disputes to assist them in reaching mutually acceptable agreements. We seek to improve the lives of these parents and their children through the use of trained professional mediators who facilitate communication between parents and empower parents to come to a resolution which is satisfactory for both parties. We strive to help parents move beyond their present disagreements and focus on their children and their children's futures.

Mediation services are available during and after the divorce process or paternity action to assist parents in resolving disputes pertaining to legal custody, physical placement (visitation of their minor children), and other parenting issues.

Wisconsin law requires that all disputes related to legal custody and physical placement of children must be referred to mediation from Family Court Services.  The court may waive this requirement if there is an undue hardship or the health or safety of a parent would be at risk.  Family Court Services mediators do not mediate issues relating to property division, maintenance, child support or other financial matters.

Participation may be ordered in one of three ways: 

  • An attorney makes a verbal request in a court hearing or by filing a Request for Mediation form.  The Judge or Commissioner reviews the request and signs an Order if s/he agrees. 
  • A parent makes a verbal request in a hearing or by filing the Request for Mediation form. The Judge or Commissioner reviews the request and signs an Order if s/he agrees.
  • A Judge or Commissioner may decide to order mediation because s/he determines that it may be helpful to resolving a case, without a request from a parent or attorney being made.

The fee for mediation is $300 which is to be paid either when the Request is filed with the clerk of courts or as ordered by the court.  The court determines which party will pay which portion of the fee, either before payment is made or at a later hearing.  If not ordered by the court, each party is generally required to pay half of the fee in pending divorce/legal separation actions.  In all other cases, the requesting party is generally required to remit the deposit.  If a party is unable to remit the entire amount, the clerk of courts offers a payment plan; please call the Accounting Division of the Clerk of Courts at (262)365-5131.

After the Request is made, mediation is ordered and the fee is paid, the parties are required to participate in orientation.  A letter is sent directing the parties to review an online orientation PowerPoint and complete a short quiz and intake forms.  Upon completion of this orientation by both parties, a mediator is assigned and a letter is sent to the parties with the mediator's contact information.  One or more mediation sessions are then scheduled and held, either in person, by video or via conference call.  If mediation is successful and a Parenting Agreement is reached, the mediator will draft a Mediation Agreement and Order, signed by both parties and the mediator, and will file it along with the Parenting Agreement with the court.  If mediation is not successful in reaching an agreement, the mediator will advise the court that mediation was not successful.  The following link will provide you with more detailed information about the process: Checklist.  

Watch the online orientation PowerPoint here:   Orientation PowerPoint

Washington County also offers a Family Law Assistance program on certain Tuesdays at the Justice Center from 12:00 p.m. noon until 1:00 p.m.  

Call the Family Senior Court Assistant at (262)365-5135 for more information.

Family Court FAQs

Can I represent myself in a family action?

Whether to hire a lawyer or not can be a difficult question.  Information and questions located on the State of Wisconsin self-help family website  may help you decide whether or not you want to represent yourself.   On this page you will find a Forms assistant, where you can choose either "Start new case forms" or "Start existing case forms".  On this page you will also find a Basic Guide to Divorce/Legal Separation, you may wish to review that document as your first step in proceeding with a divorce or legal separation.

Are there forms available for family court cases?

There are family forms available on the State of Wisconsin website.  It is recommended that you go to the self-help family website and download the Guide before completing these/any forms.

Can I submit my forms or start a new action online/electronically?

The State of Wisconsin circuit court eFiling system allows attorneys and parties to electronically file new cases and documents for various case types including family and paternity.  You may find information regarding efile/eCourts by visiting the Wisconsin Court System eFile/eCourts website.  It is recommended that you review the user guides and training material contained on the Wisconsin Court System eFile/eCourts website as it contains information that may be useful to parties who want to represent themselves in their case.

Am I required to attend a parenting class for my divorce case?

It is highly recommended that you attend a parenting class.  In some cases you may be ordered by the court to attend a parenting class.  In Washington County, parents may complete the Children in Between on-line co-parenting program  through The Center for Divorce Education.  Go to https://online.divorce-education.com to register.

What paperwork must I bring to my final divorce hearing?

FILE WITH COURT AT LEAST 48 HOURS PRIOR TO YOUR HEARING:

• Completed/updated financial disclosure statements, form FA-4139, which reflects income earned to date as well as a copy of your most recent W-2 statement (original & 1 copy).

• Findings of Fact, Conclusion of Law & Judgment with a copy of your Marital Settlement Agreement attached to the original, form FA-4160VA and FA-4160VB if you have Minor Children or form FA-4161VA and FA-4161VB if you do not have Minor Children.

• Unless you are Joint Petitioners, proof of service of an Order to Appear, form FA-4142V, is also needed.
These forms are available on the State of Wisconsin website under Circuit Court Forms, Family - Pre-Judgment.
 
BRING TO YOUR HEARING:

• The "Divorce/Annulment Worksheet" (F-05080) MUST be completed and brought to your hearing. This form is available on the Washington County website. If you do not bring it with you, you must fill it out and hand it to the clerk before you leave your final hearing.

How do I get a copy of my judgment of divorce or paternity order?
For cases filed in Washington County, M-F 8:00 am - 4:00 pm in the Clerk of Courts office, Room 3151 of the Washington County Courthouse Justice Center, 484 Rolfs Avenue, West Bend, WI  53090.  There is a statutory fee of $1.25 per page for any document from your court file, plus an additional $5.00 if you want the document certified.  Copies are also available by mail upon receipt of a check or money order in the correct amount for the number of pages to be copied, along with your written request if you want to have a copy sent to you.  Your case number should be included on your request for copies.

Writing letters to the Court regarding Family cases:

Individuals often write letters to Judges or Court Commissioners requesting that they take certain action in their case.  A court official cannot review these submissions, unless it is also sent to all parties and lawyers on the case.  However, to have the court take any formal action on your case, such as changing a court order, you are required to submit completed paperwork/forms to the court to request that a court hearing be scheduled to address the issues you want the court to hear.  There is a filing fee to submit paperwork to request a court hearing to modify existing court orders.  There is no fee if an agreement is reached between the parties to change the court order, and that agreement is filed with the court.  Do not write to the court official unless the court has specifically directed you to write him/her a letter.

When you write letters to the court, you need to be aware of what is referred to as ex parte communication.

What is Ex parte Communication?
Ex Parte Communication is an attempt (not allowable by law) to communicate with a court official, either verbally or in writing, without the knowledge or consent of the other party.  Written correspondence (letter) to the court is considered to be ex parte when a copy is not also sent at the same time to the other party.  If the other party is not sent a copy and the correspondence does not indicate that a copy has been sent (ie.  a "cc" on the bottom of the letter) the court official will not consider the contents.

How can I submit a letter to the court that can be read?
Include the copy notation (cc:) on the bottom of your correspondence. This notifies the recipient that a copy of the letter is being sent to the other parties named on the letter after the cc:.  You must send a copy of your correspondence to all parties and attorneys involved with your case.  If the State of Wisconsin is involved, you must mail a copy of the letter to the attorney for the Child Support Agency.

What if there is a Restraining Order between yourself and the other party?

 If a restraining order prohibits you from having any contact with the other party (sending the letter directly to the other party), you can provide the other party's copy of the correspondence to the clerk of courts, along with a note indicating that a restraining order exists.  Include a stamped envelope with the other party's address on it and request that the court forward the letter to the other party for you.