(e) If, under the agreement, custodial responsibility is shared by 2 or more 5
individuals, provide a process to resolve any dispute that may arise.
(f) Specify the frequency, duration, and means, including electronic means, by 7
which the deploying parent may have contact with the child, any role to be played 8
by the other parent or by a nonparent in facilitating the contact, and the allocation 9
of any costs of contact.
(g) Specify the contact between the deploying parent and child during the time 11
that the deploying parent is on leave or is otherwise available.
(h) Acknowledge that any party's child support obligation cannot be modified 13
by the agreement and that changing the terms of the obligation during deployment 14
requires modification in the appropriate court.
(i) Specify that the temporary arrangement will terminate in accordance with 16
s. 324.22 (1).
(j) If the agreement is required to be filed under s. 324.25, specify which parent 18
is required to file the agreement.
The omission of any of the items specified in sub. (3) does not invalidate an 20
agreement under this section.
21324.22 Nature of authority created by agreement. (1)
An agreement 22
under this subchapter is temporary and does not create an independent, continuing 23
right to physical placement, legal custody, or visitation for an individual to whom 24
custodial responsibility is given. The temporary agreement terminates according to 25
one of the following:
(a) If deployment is for less than 6 months, the temporary agreement 2
terminates immediately after the deploying parent returns.
(b) If deployment is for 6 months or more, the temporary agreement terminates 4
30 days after the deploying parent returns.
(c) The temporary agreement terminates on a date that has been stipulated by 6
all of the parties to the agreement or by modification under s. 324.23.
(d) The temporary agreement terminates on a date ordered by the court.
A nonparent who has physical placement, legal custody, or visitation by an 9
agreement under this subchapter has standing to enforce the agreement until it has 10
11324.23 Modification of agreement. (1)
By mutual consent, the parents of 12
a child may modify an agreement regarding custodial responsibility made under this 13
subchapter subject to any visitation rights granted by court order under s. 767.43.
If an agreement is modified under sub. (1) before deployment of a deploying 15
parent, the modification must be in writing and signed by both parents and any 16
nonparent who will exercise custodial responsibility under the modified agreement.
If an agreement is modified under sub. (1) during deployment of a deploying 18
parent, the modification must be agreed to in a record by both parents and any 19
nonparent who will exercise custodial responsibility under the modified agreement.
20324.25 Filing agreement with court.
If a court order on custodial 21
responsibility or child support is in effect concerning a child who is the subject of an 22
agreement under this subchapter, the agreement shall be filed within a reasonable 23
time with that ordering court. The case number and heading of the underlying action 24
affecting the family under ch. 767 concerning custodial responsibility or child 25
support shall be provided to the court with the agreement.
JUDICIAL PROCEDURE FOR GRANTING3
5324.31 Proceeding for temporary deployment custody order. (1)
a deploying parent receives notice of deployment and until the deployment 7
terminates, a court may issue a temporary order granting custodial responsibility, 8
unless prohibited by the Servicemembers Civil Relief Act, 50 USC Appendix 521 and 9
522. A court may not issue a permanent order granting custodial responsibility 10
without the consent of the deploying parent.
At any time after a deploying parent receives notice of deployment, the 12
deploying parent or other parent may file a motion regarding custodial responsibility 13
for a child during deployment. The motion shall be filed in an underlying action 14
affecting the family under ch. 767 for custodial responsibility in a court with 15
jurisdiction under s. 324.04 or, if there is no underlying action affecting the family 16
under ch. 767 in a court with jurisdiction under s. 324.04, in a new action for granting 17
custodial responsibility during deployment.
18324.32 Expedited hearing.
If a motion to grant custodial responsibility is 19
filed under s. 324.31 (2) before a deploying parent deploys, the court shall conduct 20
a hearing within 30 days of filing.
21324.33 Testimony by electronic means.
In a proceeding under this 22
subchapter, a party or witness who is not reasonably available to appear personally 23
may appear, provide testimony, and present evidence by electronic means unless the 24
court finds good cause to require a personal appearance.
1324.34 Effect of prior judicial order or agreement.
In a proceeding for a 2
grant of custodial responsibility under this subchapter, all of the following apply:
A prior judicial order designating custodial responsibility in the event of 4
deployment is binding on the court unless the circumstances meet the requirements 5
of the law of this state other than this chapter for modifying a judicial order regarding 6
The court shall enforce a prior written agreement between the parents for 8
designating custodial responsibility in the event of deployment, including an 9
agreement executed under subch. II, unless the court finds that the agreement is 10
contrary to the best interest of the child.
11324.345 Best interest of the child.
In determining the best interest of the 12
child under this chapter, the court shall consider the factors in custody and physical 13
placement determinations under s. 767.41 (5), with a particular emphasis on 14
maintaining sibling relationships. The court may not grant legal custody, physical 15
placement, or visitation to an individual in a temporary legal custody or physical 16
placement order under this chapter if that individual has previously been denied 17
legal custody, physical placement, visitation, guardianship, or any other custodial 18
rights for the child under ch. 48, 54, 55, or 767.
19324.35 Grant of physical placement to nonparent. (1)
On the motion of 20
a deploying parent and in accordance with the law of this state other than this 21
chapter, if it is in the best interest of the child, a court may grant physical placement 22
to a nonparent who is an adult family member of the child or an adult who has 23
maintained a relationship similar to a parent-child relationship with the child.
Unless a grant of physical placement to a nonparent under sub. (1) is agreed 2
to by the other parent, the grant is limited to an amount of time not greater than 3
either of the following:
(a) The amount of time granted to the deploying parent under a permanent 5
legal custody or physical placement order, but the court may add unusual travel time 6
necessary to transport the child.
(b) In the absence of a permanent legal custody or physical placement order 8
that is currently in effect, the amount of time that the deploying parent habitually 9
cared for the child before being notified of deployment, but the court may add 10
unusual travel time necessary to transport the child.
11324.37 Nature of authority created by temporary custodial
12responsibility order. (1)
A grant of authority under this subchapter is temporary 13
and does not create an independent, continuing right to physical placement, legal 14
custody, or visitation in an individual to whom it is granted. The temporary order 15
terminates according to one of the following:
(a) If deployment is for less than 6 months, the temporary order terminates 17
immediately after the deploying parent returns.
(b) If deployment is for 6 months or more, the temporary order terminates 30 19
days after the deploying parent returns.
(c) The temporary order terminates on a date that has been stipulated by all 21
of the parties to the proceeding.
(d) The temporary order terminates according to a modification or termination 23
under s. 324.395.
A nonparent granted physical placement, legal custody, or visitation under 25
this subchapter has standing to enforce the grant until it is terminated.
1324.38 Content of temporary custodial responsibility order. (1)
order granting custodial responsibility under this subchapter shall do all of the 3
(a) Designate the order as temporary.
(b) Identify to the extent feasible the destination, duration, and conditions of 6
If applicable, an order for custodial responsibility under this subchapter 8
shall do all of the following:
(a) Specify the allocation of physical placement, legal custody, and visitation 10
among the deploying parent, the other parent, and any nonparent.
(b) If custodial responsibility is shared by 2 or more individuals under the order, 12
or the order grants physical placement to one or more individuals and visitation to 13
other individuals, provide a process to resolve any dispute that may arise.
(c) Provide for liberal communication between the deploying parent and the 15
child during deployment, including through electronic means, unless contrary to the 16
best interest of the child, and allocate any costs of communications.
(d) Provide for liberal contact between the deploying parent and the child 18
during the time the deploying parent is on leave or otherwise available, unless 19
contrary to the best interest of the child.
(f) Provide that the order will terminate on the applicable date under s. 324.37 21
22324.39 Order for child support.
If the court issues an order granting 23
physical placement under this subchapter, or an agreement granting physical 24
placement has been executed under subch. II, the court may enter a temporary order
for child support consistent with the law of this state other than this chapter if the 2
court has jurisdiction under ch. 769.
3324.395 Modifying or terminating grant of custodial responsibility to
Except for an order described in s. 324.34 (1), and consistent with the 5
Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522, on the motion of a 6
deploying parent or other parent or any nonparent to whom physical placement, 7
legal custody, or visitation has been granted, the court may modify or terminate the 8
grant if the modification or termination is consistent with this subchapter and it is 9
in the best interest of the child.
12324.42 Uniformity of application and construction.
In applying and 13
construing this chapter, consideration shall be given to the need to promote 14
uniformity of the law with respect to its subject matter among states that enact the 15
Uniform Deployed Parents Custody and Visitation Act.
16324.43 Relation to Electronic Signatures in Global and National
This chapter modifies, limits, or supersedes the federal Electronic 18
Signatures in Global and National Commerce Act, 15 USC 7001
, except that 19
the chapter does not modify, limit, or supersede 15 USC 7001
(c) or authorize 20
electronic delivery of any of the notices described in 15 USC 7003
21324.44 Savings clause.
This chapter does not affect the validity of a 22
temporary court order concerning custodial responsibility during deployment that 23
was entered before the effective date of this section .... [LRB inserts date].
767.41 (2) (e) 1. of the statutes is amended to read:
(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)
767.41 (2) (e) 2. of the statutes is amended to read:
(e) 2. If
Except as provided under ch. 324, if
a party is a service 6
member, the court may not consider as a factor in determining the legal custody of 7
a child whether the service member has been or may be called to active duty in the 8
U.S. armed forces and consequently is, or in the future will be or may be, absent from 9
the service member's home.
767.41 (5) (c) of the statutes is amended to read:
(c) If Except as provided under ch. 324, if
a parent is a service 12
member, as defined in sub. (2) (e) 1., the court may not consider as a factor in 13
determining the legal custody of a child whether the service member has been or may 14
be called to active duty in the U.S. armed forces and consequently is, or in the future 15
will be or may be, absent from the service member's home.
767.451 (3m) of the statutes is amended to read:
767.451 (3m) Reinstatement of former physical placement allocation and
If a party is a service member, as defined in s. 767.41 (2) (e) 1., and the 19
court modifies an order of physical placement on the basis that the service member 20
has been or will be called to active duty in the U.S. armed forces, notwithstanding 21
sub. (1) the court shall require in the order that the allocation of periods of physical 22
placement and, if applicable, the physical placement schedule that were in effect 23
before the modification are reinstated immediately upon the service member's 24
discharge or release from active duty. This subsection does not apply to a temporary
25agreement or a temporary order under ch. 324.
The subcommittee of the Wisconsin Court Records Management Committee 3
that develops forms for use in the Wisconsin circuit courts is requested to review ch. 4
324 and develop and approve forms for an agreement for custodial responsibility 5
during deployment consistent with the requirements under subch. II of ch. 324 and 6
for a motion regarding custodial responsibility for a child during deployment 7
consistent with the requirements under subch. III of ch. 324.
(1) This act first applies to deploying parents who receive notice of deployment 10
on the effective date of this subsection.