If a parent has acted in bad faith or intentionally failed to comply with a temporary
court order or other requirement under these provisions, the bill specifies that a court
may assess reasonable attorney fees and costs and may order other appropriate relief.
Court Forms
The bill asks the Wisconsin Court Records Management Committee to develop a
form that parents may use to enter into an agreement, and a form to file a motion with
a court, for a temporary delegation of custodial responsibilities for a child during a
parent's deployment.
AB93,1 1Section 1. Chapter 324 of the statutes is created to read:
AB93,3,22 chapter 324
AB93,3,33 deployed parents
AB93,3,44 custody and visitation
AB93,3,55 subchapter I
AB93,3,66 general provisions
AB93,3,8 7324.01 Short title. This chapter may be cited as the Uniform Deployed
8Parents Custody and Visitation Act.
AB93,3,9 9324.02 Definitions. In this chapter:
AB93,3,11 10(1) “Adult" means an individual who has attained 18 years of age or who is an
11emancipated minor.
AB93,4,1
1(2) “Child" means any of the following:
AB93,4,32 (a) An individual who has not attained 18 years of age and who is not an
3emancipated minor.
AB93,4,64 (b) An adult son or daughter by birth or adoption, or under the law of this state
5other than this chapter, who is the subject of a court order concerning custodial
6responsibility.
AB93,4,9 7(3) “Court" means a tribunal, including an administrative agency, that is
8authorized under the law of this state other than this chapter to make, enforce, or
9modify a decision regarding custodial responsibility.
AB93,4,11 10(4) “Custodial responsibility" includes physical placement, legal custody, and
11visitation.
AB93,4,12 12(5) “Deployed" means subject to a deployment.
AB93,4,14 13(6) “Deploying parent" means a service member who is deployed, or who has
14been notified of impending deployment, and who is any of the following:
AB93,4,1515 (a) A parent of a child under the law of this state other than this chapter.
AB93,4,1716 (b) An individual who has custodial responsibility for a child under the law of
17this state other than this chapter.
AB93,4,22 18(7) “Deployment" means the movement or mobilization of a service member for
19more than 30 days but less than 18 months in accordance with service orders that
20are designated as unaccompanied, do not authorize dependent travel, or otherwise
21do not permit the movement of a child to the location to which the service member
22is deployed.
AB93,4,23 23(8) “Emancipated minor" has the meaning given in s. 48.375 (2) (e).
AB93,4,24 24(9) “Family member" means a grandparent, great-grandparent, or stepparent.
AB93,4,25 25(10) “Legal custody” has the meaning given in s. 767.001 (2).
AB93,5,2
1(11) “Nonparent" means an individual other than a deploying parent or other
2parent.
AB93,5,4 3(12) “Other parent" means an individual who, in common with a deploying
4parent, is any of the following:
AB93,5,55 (a) A parent of a child under the law of this state other than this chapter.
AB93,5,76 (b) An individual who has custodial responsibility for a child under the law of
7this state other than this chapter.
AB93,5,8 8(13) “Physical placement” has the meaning given in s. 767.001 (5).
AB93,5,10 9(14) “Record" means information that is inscribed on a tangible medium or that
10is stored in an electronic or other medium and is retrievable in perceivable form.
AB93,5,12 11(15) “Return from deployment" means the conclusion of a service member's
12deployment as specified in service orders.
AB93,5,13 13(16) “Service member" means a member of any of the following:
AB93,5,1414 (a) The U.S. armed forces, including any reserve component.
AB93,5,1515 (b) The merchant marine.
AB93,5,1616 (c) The commissioned corps of the U.S. public health service.
AB93,5,1817 (d) The commissioned corps of the national oceanic and atmospheric
18administration.
AB93,5,1919 (e) The national guard of any state.
AB93,5,21 20(17) “Sign" means to do any of the following with present intent to authenticate
21or adopt a record:
AB93,5,2222 (a) Execute or adopt a tangible symbol.
AB93,5,2423 (b) Attach to or logically associate with the record an electronic symbol, sound,
24or process.
AB93,6,3
1(18) “State" means a state of the United States, the District of Columbia, the
2commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or
3possession of the United States.
AB93,6,5 4(19) “Visitation” means rights conferred to an individual to reasonable
5visitation with a child in accordance with s. 767.43.
AB93,6,11 6324.03 Remedies for noncompliance. In addition to other remedies under
7the law of this state other than this chapter, if a court finds that a party to a
8proceeding under this chapter has acted in bad faith or intentionally failed to comply
9with this chapter or a court order issued under this chapter, the court may assess
10reasonable attorney fees and costs against the party and order other appropriate
11relief.
AB93,6,13 12324.04 Jurisdiction. (1) A court may issue an order regarding custodial
13responsibility under this chapter only if the court has jurisdiction under ch. 822.
AB93,6,16 14(2) If a court has issued a temporary order regarding custodial responsibility
15under subch. III, the residence of the deploying parent is not changed by reason of
16the deployment for purposes of ch. 822 during the deployment.
AB93,6,20 17(3) If a court has issued a permanent order regarding custodial responsibility
18before notice of deployment and the parents modify that order temporarily by
19agreement under subch. II, the residence of the deploying parent is not changed by
20reason of the deployment for purposes of ch. 822.
AB93,6,23 21(4) If a court in another state has issued a temporary order regarding custodial
22responsibility as a result of impending or current deployment, the residence of the
23deploying parent is not changed by reason of the deployment for purposes of ch. 822.
AB93,6,25 24(5) This section does not prevent a court from exercising temporary emergency
25jurisdiction under s. 822.24.
AB93,7,7
1324.05 Notification required by deploying parent. (1) Except as provided
2in sub. (4) and subject to sub. (3), a deploying parent shall, in a record, notify the other
3parent of a pending deployment not later than 7 days after the deploying parent
4receives notice of deployment unless reasonably prevented from doing so by the
5circumstances of deployment. If the circumstances of deployment prevent giving
6notification within the 7 days, the deploying parent shall give the notification as soon
7as reasonably possible.
AB93,7,12 8(2) Except as provided in sub. (4) and subject to sub. (3), the deploying parent
9and the other parent shall, in a record, provide each other with a plan for fulfilling
10their respective shares of custodial responsibility during deployment. Each parent
11shall provide the plan as soon as reasonably possible after the deploying parent gives
12notification of deployment under sub. (1).
AB93,7,19 13(3) If a court order currently in effect prohibits disclosure of the address or
14contact information of the other parent, notification of deployment under sub. (1) or
15notification by the deploying parent of a plan for custodial responsibility during
16deployment under sub. (2) may be made only to the issuing court. If the address of
17the other parent is available to the issuing court, the court shall forward the
18notification to the other parent. The court shall keep confidential the address or
19contact information of the other parent.
AB93,7,22 20(4) Notification in a record under sub. (1) or (2) is not required if the parents
21are living in the same residence and both parents have actual notice of the
22deployment or plan.
AB93,7,24 23(5) In a proceeding regarding custodial responsibility, a court may consider the
24reasonableness of a parent's efforts to comply with this section.
AB93,8,4
1324.06 Duty to notify of change of address. (1) Except as provided in sub.
2(2), an individual to whom custodial responsibility has been granted during
3deployment under subch. II or III shall, until the grant is terminated, notify all of the
4following of any change in the individual's mailing address or residence:
AB93,8,55 (a) The deploying parent.
AB93,8,66 (b) Any other individual with custodial responsibility for the child.
AB93,8,87 (c) Any court that has issued a custody or child support order concerning the
8child that is in effect.
AB93,8,13 9(2) If a court order currently in effect prohibits disclosure of the address or
10contact information of an individual to whom custodial responsibility has been
11granted, a notification under sub. (1) may be made only to the court that issued the
12order. The court shall keep confidential the mailing address or residence of the
13individual to whom custodial responsibility has been granted.
AB93,8,1414 subchapter II
AB93,8,1615 AGREEMENT FOR CUSTODIAL
16 RESPONSIBILITY DURING DEPLOYMENT
AB93,8,19 17324.21 Form of agreement. (1) The parents of a child may enter into a
18temporary agreement under this subchapter granting custodial responsibility
19during deployment.
AB93,8,21 20(2) An agreement under sub. (1) shall be in writing and signed by both parents
21and any nonparent to whom custodial responsibility is granted.
AB93,8,23 22(3) Subject to sub. (4), an agreement under sub. (1) shall, if feasible, do all of
23the following:
AB93,8,2524 (a) Identify the destination, duration, and conditions of the deployment that
25is the basis for the agreement.
AB93,9,2
1(b) Specify the allocation of physical placement and legal custody among the
2deploying parent, the other parent, and any nonparent.
AB93,9,33 (d) Specify any visitation rights of a nonparent.
AB93,9,54 (e) If, under the agreement, custodial responsibility is shared by 2 or more
5individuals, provide a process to resolve any dispute that may arise.
AB93,9,96 (f) Specify the frequency, duration, and means, including electronic means, by
7which the deploying parent may have contact with the child, any role to be played
8by the other parent or by a nonparent in facilitating the contact, and the allocation
9of any costs of contact.
AB93,9,1110 (g) Specify the contact between the deploying parent and child during the time
11that the deploying parent is on leave or is otherwise available.
AB93,9,1412 (h) Acknowledge that any party's child support obligation cannot be modified
13by the agreement and that changing the terms of the obligation during deployment
14requires modification in the appropriate court.
AB93,9,1615 (i) Specify that the temporary arrangement will terminate in accordance with
16s. 324.22 (1).
AB93,9,1817 (j) If the agreement is required to be filed under s. 324.25, specify which parent
18is required to file the agreement.
AB93,9,20 19(4) The omission of any of the items specified in sub. (3) does not invalidate an
20agreement under this section.
AB93,9,25 21324.22 Nature of authority created by agreement. (1) An agreement
22under this subchapter is temporary and does not create an independent, continuing
23right to physical placement, legal custody, or visitation for an individual to whom
24custodial responsibility is given. The temporary agreement terminates according to
25one of the following:
AB93,10,2
1(a) If deployment is for less than 6 months, the temporary agreement
2terminates immediately after the deploying parent returns.
AB93,10,43 (b) If deployment is for 6 months or more, the temporary agreement terminates
430 days after the deploying parent returns.
AB93,10,65 (c) The temporary agreement terminates on a date that has been stipulated by
6all of the parties to the agreement or by modification under s. 324.23.
AB93,10,77 (d) The temporary agreement terminates on a date ordered by the court.
AB93,10,10 8(2) A nonparent who has physical placement, legal custody, or visitation by an
9agreement under this subchapter has standing to enforce the agreement until it has
10been terminated.
AB93,10,13 11324.23 Modification of agreement. (1) By mutual consent, the parents of
12a child may modify an agreement regarding custodial responsibility made under this
13subchapter subject to any visitation rights granted by court order under s. 767.43.
AB93,10,16 14(2) If an agreement is modified under sub. (1) before deployment of a deploying
15parent, the modification must be in writing and signed by both parents and any
16nonparent who will exercise custodial responsibility under the modified agreement.
AB93,10,19 17(3) If an agreement is modified under sub. (1) during deployment of a deploying
18parent, the modification must be agreed to in a record by both parents and any
19nonparent who will exercise custodial responsibility under the modified agreement.
AB93,10,25 20324.25 Filing agreement with court. If a court order on custodial
21responsibility or child support is in effect concerning a child who is the subject of an
22agreement under this subchapter, the agreement shall be filed within a reasonable
23time with that ordering court. The case number and heading of the underlying action
24affecting the family under ch. 767 concerning custodial responsibility or child
25support shall be provided to the court with the agreement.
AB93,11,1
1subchapter III
AB93,11,42 JUDICIAL PROCEDURE FOR GRANTING
3 CUSTODIAL RESPONSIBILITY
4 DURING DEPLOYMENT
AB93,11,10 5324.31 Proceeding for temporary deployment custody order. (1) After
6a deploying parent receives notice of deployment and until the deployment
7terminates, a court may issue a temporary order granting custodial responsibility,
8unless prohibited by the Servicemembers Civil Relief Act, 50 USC Appendix 521 and
9522. A court may not issue a permanent order granting custodial responsibility
10without the consent of the deploying parent.
AB93,11,17 11(2) At any time after a deploying parent receives notice of deployment, the
12deploying parent or other parent may file a motion regarding custodial responsibility
13for a child during deployment. The motion shall be filed in an underlying action
14affecting the family under ch. 767 for custodial responsibility in a court with
15jurisdiction under s. 324.04 or, if there is no underlying action affecting the family
16under ch. 767 in a court with jurisdiction under s. 324.04, in a new action for granting
17custodial responsibility during deployment.
AB93,11,20 18324.32 Expedited hearing. If a motion to grant custodial responsibility is
19filed under s. 324.31 (2) before a deploying parent deploys, the court shall conduct
20a hearing within 30 days of filing.
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