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.
AB93,11,24 21324.33 Testimony by electronic means. In a proceeding under this
22subchapter, a party or witness who is not reasonably available to appear personally
23may appear, provide testimony, and present evidence by electronic means unless the
24court finds good cause to require a personal appearance.
AB93,12,2
1324.34 Effect of prior judicial order or agreement. In a proceeding for a
2grant of custodial responsibility under this subchapter, all of the following apply:
AB93,12,6 3(1) A prior judicial order designating custodial responsibility in the event of
4deployment is binding on the court unless the circumstances meet the requirements
5of the law of this state other than this chapter for modifying a judicial order regarding
6custodial responsibility.
AB93,12,10 7(2) The court shall enforce a prior written agreement between the parents for
8designating custodial responsibility in the event of deployment, including an
9agreement executed under subch. II, unless the court finds that the agreement is
10contrary to the best interest of the child.
AB93,12,18 11324.345 Best interest of the child. In determining the best interest of the
12child under this chapter, the court shall consider the factors in custody and physical
13placement determinations under s. 767.41 (5), with a particular emphasis on
14maintaining sibling relationships. The court may not grant legal custody, physical
15placement, or visitation to an individual in a temporary legal custody or physical
16placement order under this chapter if that individual has previously been denied
17legal custody, physical placement, visitation, guardianship, or any other custodial
18rights for the child under ch. 48, 54, 55, or 767.
AB93,12,23 19324.35 Grant of physical placement to nonparent. (1) On the motion of
20a deploying parent and in accordance with the law of this state other than this
21chapter, if it is in the best interest of the child, a court may grant physical placement
22to a nonparent who is an adult family member of the child or an adult who has
23maintained a relationship similar to a parent-child relationship with the child.
AB93,13,3
1(2) Unless a grant of physical placement to a nonparent under sub. (1) is agreed
2to by the other parent, the grant is limited to an amount of time not greater than
3either of the following:
AB93,13,64 (a) The amount of time granted to the deploying parent under a permanent
5legal custody or physical placement order, but the court may add unusual travel time
6necessary to transport the child.
AB93,13,107 (b) In the absence of a permanent legal custody or physical placement order
8that is currently in effect, the amount of time that the deploying parent habitually
9cared for the child before being notified of deployment, but the court may add
10unusual travel time necessary to transport the child.
AB93,13,15 11324.37 Nature of authority created by temporary custodial
12responsibility order.
(1) A grant of authority under this subchapter is temporary
13and does not create an independent, continuing right to physical placement, legal
14custody, or visitation in an individual to whom it is granted. The temporary order
15terminates according to one of the following:
AB93,13,1716 (a) If deployment is for less than 6 months, the temporary order terminates
17immediately after the deploying parent returns.
AB93,13,1918 (b) If deployment is for 6 months or more, the temporary order terminates 30
19days after the deploying parent returns.
AB93,13,2120 (c) The temporary order terminates on a date that has been stipulated by all
21of the parties to the proceeding.
AB93,13,2322 (d) The temporary order terminates according to a modification or termination
23under s. 324.395.
AB93,13,25 24(2) A nonparent granted physical placement, legal custody, or visitation under
25this subchapter has standing to enforce the grant until it is terminated.
AB93,14,3
1324.38 Content of temporary custodial responsibility order. (1) An
2order granting custodial responsibility under this subchapter shall do all of the
3following:
AB93,14,44 (a) Designate the order as temporary.
AB93,14,65 (b) Identify to the extent feasible the destination, duration, and conditions of
6the deployment.
AB93,14,8 7(2) If applicable, an order for custodial responsibility under this subchapter
8shall do all of the following:
AB93,14,109 (a) Specify the allocation of physical placement, legal custody, and visitation
10among the deploying parent, the other parent, and any nonparent.
AB93,14,1311 (b) If custodial responsibility is shared by 2 or more individuals under the order,
12or the order grants physical placement to one or more individuals and visitation to
13other individuals, provide a process to resolve any dispute that may arise.
AB93,14,1614 (c) Provide for liberal communication between the deploying parent and the
15child during deployment, including through electronic means, unless contrary to the
16best interest of the child, and allocate any costs of communications.
AB93,14,1917 (d) Provide for liberal contact between the deploying parent and the child
18during the time the deploying parent is on leave or otherwise available, unless
19contrary to the best interest of the child.
AB93,14,2120 (f) Provide that the order will terminate on the applicable date under s. 324.37
21(1).
AB93,15,2 22324.39 Order for child support. If the court issues an order granting
23physical placement under this subchapter, or an agreement granting physical
24placement has been executed under subch. II, the court may enter a temporary order

1for child support consistent with the law of this state other than this chapter if the
2court has jurisdiction under ch. 769.
AB93,15,9 3324.395 Modifying or terminating grant of custodial responsibility to
4nonparent.
Except for an order described in s. 324.34 (1), and consistent with the
5Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522, on the motion of a
6deploying parent or other parent or any nonparent to whom physical placement,
7legal custody, or visitation has been granted, the court may modify or terminate the
8grant if the modification or termination is consistent with this subchapter and it is
9in the best interest of the child.
AB93,15,1010 subchapter IV
AB93,15,1111 MISCELLANEOUS PROVISIONS
AB93,15,15 12324.42 Uniformity of application and construction. In applying and
13construing this chapter, consideration shall be given to the need to promote
14uniformity of the law with respect to its subject matter among states that enact the
15Uniform Deployed Parents Custody and Visitation Act.
AB93,15,20 16324.43 Relation to Electronic Signatures in Global and National
17Commerce Act.
This chapter modifies, limits, or supersedes the federal Electronic
18Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, except that
19the chapter does not modify, limit, or supersede 15 USC 7001 (c) or authorize
20electronic delivery of any of the notices described in 15 USC 7003 (b).
AB93,15,23 21324.44 Savings clause. This chapter does not affect the validity of a
22temporary court order concerning custodial responsibility during deployment that
23was entered before the effective date of this section .... [LRB inserts date].
AB93,2 24Section 2. 767.41 (2) (e) 1. of the statutes is amended to read:
AB93,16,3
1767.41 (2) (e) 1. In this paragraph, “service member" means a member of the
2national guard or of a reserve unit of the U.S. armed forces
has the meaning given
3in s. 324.02 (16)
.
AB93,3 4Section 3. 767.41 (2) (e) 2. of the statutes is amended to read:
AB93,16,95 767.41 (2) (e) 2. If Except as provided under ch. 324, if a party is a service
6member, the court may not consider as a factor in determining the legal custody of
7a child whether the service member has been or may be called to active duty in the
8U.S. armed forces and consequently is, or in the future will be or may be, absent from
9the service member's home.
AB93,4 10Section 4. 767.41 (5) (c) of the statutes is amended to read:
AB93,16,1511 767.41 (5) (c) If Except as provided under ch. 324, if a parent is a service
12member, as defined in sub. (2) (e) 1., the court may not consider as a factor in
13determining the legal custody of a child whether the service member has been or may
14be called to active duty in the U.S. armed forces and consequently is, or in the future
15will be or may be, absent from the service member's home.
AB93,5 16Section 5. 767.451 (3m) of the statutes is amended to read:
AB93,16,2517 767.451 (3m) Reinstatement of former physical placement allocation and
18schedule.
If a party is a service member, as defined in s. 767.41 (2) (e) 1., and the
19court modifies an order of physical placement on the basis that the service member
20has been or will be called to active duty in the U.S. armed forces, notwithstanding
21sub. (1) the court shall require in the order that the allocation of periods of physical
22placement and, if applicable, the physical placement schedule that were in effect
23before the modification are reinstated immediately upon the service member's
24discharge or release from active duty. This subsection does not apply to a temporary
25agreement or a temporary order under ch. 324.
AB93,6
1Section 6. Nonstatutory provisions.
AB93,17,72 (1) The subcommittee of the Wisconsin Court Records Management Committee
3that develops forms for use in the Wisconsin circuit courts is requested to review ch.
4324 and develop and approve forms for an agreement for custodial responsibility
5during deployment consistent with the requirements under subch. II of ch. 324 and
6for a motion regarding custodial responsibility for a child during deployment
7consistent with the requirements under subch. III of ch. 324.
AB93,7 8Section 7. Initial applicability.
AB93,17,109 (1) This act first applies to deploying parents who receive notice of deployment
10on the effective date of this subsection.
AB93,17,1111 (End)
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