(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.