AB279: Bill Text

AB279,10,6 f. Any other factor that the court considers relevant to the determination under this subdivision.

AB279, s. 16 Section 16. 767.24 (4) (a) 2. of the statutes is amended to read:

AB279,10,13 767.24 (4) (a) 2. In determining the allocation of periods of physical placement, the court shall consider each case on the basis of the factors in sub. (5) (am), subject to sub. (5) (bm). The court shall set a placement schedule that allows the child to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes the amount of time the child may spend with each parent, taking into account geographic separation and accommodations for different households.

AB279, s. 17 Section 17. 767.24 (5) (intro.) of the statutes is renumbered 767.24 (5) (am) (intro.) and amended to read:

AB279,10,21 767.24 (5) (am) (intro.) In Subject to par. (bm), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. The Subject to par. (bm), the court shall consider the following factors in making its determination:

AB279, s. 18 Section 18. 767.24 (5) (a) of the statutes is renumbered 767.24 (5) (am) 1.

AB279, s. 19 Section 19. 767.24 (5) (am) 7. of the statutes is created to read:

AB279,11,3 767.24 (5) (am) 7. Whether a party or other person living in a proposed custodial household has a mental or physical impairment that negatively affects the child's intellectual, physical, or emotional well-being.

AB279, s. 20 Section 20. 767.24 (5) (b) of the statutes is renumbered 767.24 (5) (am) 2.

AB279, s. 21 Section 21. 767.24 (5) (bm) of the statutes is created to read:

AB279,11,11 767.24 (5) (bm) If the court finds under sub. (2) (d) that a parent has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), the safety and well-being of the child and the safety of the parent who was the victim of the battery or abuse shall be the paramount concerns in determining legal custody and periods of physical placement.

AB279, s. 22 Section 22. 767.24 (5) (c) of the statutes is renumbered 767.24 (5) (am) 3.

AB279, s. 23 Section 23. 767.24 (5) (cm) of the statutes is renumbered 767.24 (5) (am) 4.

AB279, s. 24 Section 24. 767.24 (5) (d) of the statutes is renumbered 767.24 (5) (am) 5.

AB279, s. 25 Section 25. 767.24 (5) (dm) of the statutes is renumbered 767.24 (5) (am) 6.

AB279, s. 26 Section 26. 767.24 (5) (e) of the statutes is repealed.

AB279, s. 27 Section 27. 767.24 (5) (em) of the statutes is renumbered 767.24 (5) (am) 8.

AB279, s. 28 Section 28. 767.24 (5) (f) of the statutes is renumbered 767.24 (5) (am) 9.

AB279, s. 29 Section 29. 767.24 (5) (fm) of the statutes is renumbered 767.24 (5) (am) 10.

AB279, s. 30 Section 30. 767.24 (5) (g) of the statutes is renumbered 767.24 (5) (am) 11.

AB279, s. 31 Section 31. 767.24 (5) (h) of the statutes is renumbered 767.24 (5) (am) 12.

AB279, s. 32 Section 32. 767.24 (5) (i) of the statutes is renumbered 767.24 (5) (am) 13.

AB279, s. 33 Section 33. 767.24 (5) (j) of the statutes is renumbered 767.24 (5) (am) 14.

AB279, s. 34 Section 34. 767.24 (5) (jm) of the statutes is renumbered 767.24 (5) (am) 15.

AB279, s. 35 Section 35. 767.24 (5) (k) of the statutes is renumbered 767.24 (5) (am) 16.

AB279, s. 36 Section 36. 767.24 (6) (f) of the statutes is created to read:

AB279,12,8 767.24 (6) (f) If the court finds under sub. (2) (d) that a party has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), the court shall state in writing whether the presumption against awarding joint or sole legal custody to that party is rebutted and, if so, what evidence rebutted the presumption, and why its findings relating to legal custody and physical placement are in the best interest of the child.

AB279, s. 37 Section 37. 767.24 (6) (g) of the statutes is created to read:

AB279,12,18 767.24 (6) (g) If the court finds under sub. (2) (d) that a party has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), and the court awards periods of physical placement to both parties, the court shall provide for the safety and well-being of the child and for the safety of the party who was the victim of the battery or abuse. For that purpose the court, giving consideration to the availability of services or programs and to the ability of the party who committed the battery or abuse to pay for those services or programs, shall impose one or more of the following, as appropriate:

AB279,12,22 1. Requiring the exchange of the child to occur in a protected setting or in the presence of an appropriate 3rd party who agrees by affidavit or other supporting evidence to assume the responsibility assigned by the court and to be accountable to the court for his or her actions with respect to the responsibility.

AB279,13,2 2. Requiring the child's periods of physical placement with the party who committed the battery or abuse to be supervised by an appropriate 3rd party who agrees by affidavit or other supporting evidence to assume the responsibility assigned by the court and to be accountable to the court for his or her actions with respect to the responsibility.

AB279,13,4 3. Requiring the party who committed the battery or abuse to pay the costs of supervised physical placement.

AB279,13,8 4. Requiring the party who committed the battery or abuse to attend and complete, to the satisfaction of the court, treatment for batterers provided through a certified treatment program or by a certified treatment provider as a condition of exercising his or her periods of physical placement.

AB279,13,13 5. If the party who committed the battery or abuse has a significant problem with alcohol or drug abuse, prohibiting that party from being under the influence of alcohol or any controlled substance when the parties exchange the child for periods of physical placement and from possessing or consuming alcohol or any controlled substance during his or her periods of physical placement.

AB279,13,15 6. Prohibiting the party who committed the battery or abuse from having overnight physical placement with the child.

AB279,13,17 7. Requiring the party who committed the battery or abuse to post a bond for the return and safety of the child.

AB279,13,20 8. Imposing any condition not specified in subds. 1. to 7. that the court determines is necessary for the safety and well-being of the child or the safety of the party who was the victim of the battery or abuse.

AB279, s. 38 Section 38. 767.325 (5m) of the statutes is amended to read:

AB279,13,25 767.325 (5m) Factors to consider. In all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.24 (5) (am), subject to s. 767.24 (5) (bm), and shall make its determination in a manner consistent with s. 767.24.

AB279, s. 39 Section 39. Initial applicability.

AB279,14,4 (1) This act first applies to actions or proceedings that are commenced on the effective date of this subsection, including actions or proceedings to modify a judgment or order granted before the effective date of this subsection.

AB279,14,5 (End)