Jocius v. Jocius
In Jocius v. Jocius, 218 Wis. 2d 103, 111, 580 N.W.2d 708 (Ct. App. 1998), the Court held that while Wis. Stat. 767.325(4) authorizes a court to deny physical placement to a parent, it does not authorize a prospective order prohibiting a parent from requesting a change in physical placement in the future. See Jocius, 218 Wis. 2d at 118.
The reasoning was that the statute authorized the court to make a decision based on historical and present factors, and did not authorize decisions regarding future events or contingencies, regardless of whether such prospective orders were in the child's best interests. See Jocius, 218 Wis. 2d at 117-118.