I'm a stay-at-home mom, thinking of divorce, what requirements will help me win custody of my child?

First of all, exactly what custody are your referring to? In Wisconsin there are two types of custody.  There is "legal custody" which refers to the parenting decisions related to the minor children such as where they will attend school, religious decisions and medical decisions.  There is also physical custody, called "physical placement" which is used to refer to the physical residence where the children will live.  Under Wisconsin law each parent is entitled to periods of physical placement. 

Additionally, legal custody may be shared by the parents or may be granted solely to just one parent.  When legal custody is joint or shared, it means that both parents have a right to participate in major decisions affecting the children.  Sole legal custody means only the parent with legal custody has the right to decide major decisions affecting the children.  There are many variations of the way legal custody can be awarded.  As previously stated, legal custody may be sole or joint.  It may also be mixed sole and joint which means that the parents make joint decisions in some areas but not in others. For example, the parents may be required to discuss medical care of the children before decisions are made, but not religious decisions.

Physical placement refers to the schedule of parenting and the respective amount of time that a child spends with each parent.  Under Wisconsin statutes, a court must consider each case individually in determining periods of physical placement.  Its decision must weigh following factors set out in the statute: the wishes of the child's parent or parents; the wishes of the child, which may be communicated by the child or through the child's guardian ad litem or other appropriate professional; the interaction and interrelationship of the child with his or her parent or parents, siblings, and any other person who may significantly affect the child's best interest; the child's adjustment to the home, school, religion and community; the mental and physical health of the parties, the minor children and other persons living in a proposed custodial house-hold; the availability of public or private child care services; whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party; whether there is evidence that a party engaged in abuse; whether there is evidence of interspousal battery; whether either party has or had a significant problem with alcohol or drug abuse; such other factors as the court may in each individual case determine to be relevant.

There is a presumption under Wisconsin law that a child is entitled to periods of physical placement with both parents unless, after a hearing, the court finds that physical placement with a parent would endanger the child's physical, mental or emotional health.  This does not necessarily mean that physical placement is shared equally between parents.  It simply means that each parent is entitled to periods of time with the child.

Note:  Courts are required to set a placement schedule that “maximizes” a child’s time with each parent after considering the enumerated placement factors. It is important to read the requirement to maximize placement in the context of the placement factors. This should not be misinterpreted as a requirement for equal placement or joint custody in all cases. The placement schedule is still based on what is the child's best interests, not what is in the parents' best interests. The statute requires courts to consider geographic distance between the parents separation when maximizing placement.

First of all, exactly what custody are your referring to? In Wisconsin there are two types of custody.  There is "legal custody" which refers to the parenting decisions related to the minor children such as where they will attend school, religious decisions and medical decisions.  There is also physical custody, called "physical placement" which is used to refer to the physical residence where the children will live.  Under Wisconsin law each parent is entitled to periods of physical placement. 

Additionally, legal custody may be shared by the parents or may be granted solely to just one parent.  When legal custody is joint or shared, it means that both parents have a right to participate in major decisions affecting the children.  Sole legal custody means only the parent with legal custody has the right to decide major decisions affecting the children.  There are many variations of the way legal custody can be awarded.  As previously stated, legal custody may be sole or joint.  It may also be mixed sole and joint which means that the parents make joint decisions in some areas but not in others. For example, the parents may be required to discuss medical care of the children before decisions are made, but not religious decisions.

Physical placement refers to the schedule of parenting and the respective amount of time that a child spends with each parent.  Under Wisconsin statutes, a court must consider each case individually in determining periods of physical placement.  Its decision must weigh following factors set out in the statute: the wishes of the child's parent or parents; the wishes of the child, which may be communicated by the child or through the child's guardian ad litem or other appropriate professional; the interaction and interrelationship of the child with his or her parent or parents, siblings, and any other person who may significantly affect the child's best interest; the child's adjustment to the home, school, religion and community; the mental and physical health of the parties, the minor children and other persons living in a proposed custodial house-hold; the availability of public or private child care services; whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party; whether there is evidence that a party engaged in abuse; whether there is evidence of interspousal battery; whether either party has or had a significant problem with alcohol or drug abuse; such other factors as the court may in each individual case determine to be relevant.

There is a presumption under Wisconsin law that a child is entitled to periods of physical placement with both parents unless, after a hearing, the court finds that physical placement with a parent would endanger the child's physical, mental or emotional health.  This does not necessarily mean that physical placement is shared equally between parents.  It simply means that each parent is entitled to periods of time with the child.

Note:  Courts are required to set a placement schedule that “maximizes” a child’s time with each parent after considering the enumerated placement factors. It is important to read the requirement to maximize placement in the context of the placement factors. This should not be misinterpreted as a requirement for equal placement or joint custody in all cases. The placement schedule is still based on what is the child's best interests, not what is in the parents' best interests. The statute requires courts to consider geographic distance between the parents separation when maximizing placement.