01-2970 In Re: the Marriage of Anthony Keller v. Barbara Keller

By: dmc-admin//May 28, 2002//

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We therefore reverse and remand for the trial court to apply the correct legal standard, the child’s best interest, and modify placement accordingly.

“Under Wis. Stat. § 767.24(2)(am), there is a statutory presumption of joint legal custody. However, there is no provision establishing a presumption of joint placement. While the physical placement statute, Wis. Stat. § 767.24(4)(a)2, requires the court to provide for placement that allows the child to have regularly occurring, meaningful periods of physical placement with each parent, this is not tantamount to a presumption of equal placement.”

Reversed and remanded for further proceedings.

Recommended for publication in the official reports.

Dist III, Pierce County, Wing, J., Hoover, P.J.

Attorneys:

For Appellant: Phillip P. Todryk, Hudson

For Respondent: Kenneth N. Sortedahl II, Spring Valley

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