The Wisconsin Order for Temporary Physical Custody (Secure/Nonsecure) — Indian Child Welfare Act is a type of court order issued in the state of Wisconsin in cases involving the Indian Child Welfare Act (IOWA). This order grants temporary physical custody of an Indian child to either the Indian Child Welfare Division of the Wisconsin Department of Children and Families or a designated Indian custodian. Securing the child's safety and well-being is the primary purpose of this order. There are two types of temporary custody orders under the IOWA: secure and nonsecure. A secure custody order requires that the child live in a secure facility, such as a residential care center, juvenile detention center, or residential treatment center. A nonsecure custody order allows the child to remain in a nonsecure placement, such as the home of the child's parent or guardian, or with a relative or foster parent. The court order specifies the conditions of temporary physical custody, such as the duration of the custody, the type of placement, and the duties of the custodian.
Wisconsin Order for Temporary Physical Custody (Secure/Nonsecure) - Indian Child Welfare Act
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FAQ
Primary Placement - Where the child lives most of the time. Shared-Placement - The child lives with each parent at least 25% of the time.
Emergency Child Custody Order in WI File a Motion or Petition. The motion will include specific information about the child, the other parents, and the reasons why ex parte child custody is necessary. Provide Evidence.Attend the Hearing.Schedule a Joint Hearing.
Emergency Child Custody Order in WI File a Motion or Petition. The motion will include specific information about the child, the other parents, and the reasons why ex parte child custody is necessary. Provide Evidence.Attend the Hearing.Schedule a Joint Hearing.
In Wisconsin, child placement refers to where the child lives, whereas child custody is the legal decision-making authority for your child. The Wisconsin courts will determine the best interest of the child and award either joint legal custody or sole legal custody.
Primary placement: When the child spends more than 75 percent of the nights in a year with one parent. Shared placement: When the child spends at least 25 percent of the nights in a year with each parent.
The percentage is based on the number of kids to be in primary placement of a parent: For 1 child, it's 17% of gross income; For 2 children, it's 25% of gross income; For 3 children, it's 29% of gross income; For 4 children, it's 31% of gross income; For 5+ children, it's 34% of gross income.