AB445: Bill Text

AB445, s. 14 Section 14. 767.115 (title) of the statutes is amended to read:

AB445,12,17 767.115 (title) Educational program in action programs and classes in actions affecting the family.

AB445, s. 15 Section 15. 767.115 (4) of the statutes is created to read:

AB445,12,24 767.115 (4) (a) At any time during the pendency of a divorce or paternity action, the court or family court commissioner may order the parties to attend a class that is approved by the court or family court commissioner and that addresses such issues as child development, family dynamics, how parental separation affects a child's development and what parents can do to make raising a child in a separated situation less stressful for the child.

AB445,13,5 (b) The court or family court commissioner may not require the parties to attend a class under this subsection as a condition to the granting of the final judgment or order in the divorce or paternity action, however, the court or family court commissioner may refuse to hear a custody or physical placement motion of a party who refuses to attend a class ordered under this subsection.

AB445,13,7 (c) 1. Except as provided in subd. 2., the parties shall be responsible for any cost of attending the class.

AB445,13,9 2. If the court or family court commissioner finds that a party is indigent, any costs that would be the responsibility of that party shall be paid by the county.

AB445, s. 16 Section 16. 767.23 (1) (a) of the statutes is amended to read:

AB445,13,17 767.23 (1) (a) Upon Subject to s. 767.477, upon request of one party, granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under s. 767.24 (3). The , in a manner consistent with s. 767.24, except that the court or family court commissioner may order joint sole legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody determination.

AB445, s. 17 Section 17. 767.23 (1) (am) of the statutes is amended to read:

AB445,13,23 767.23 (1) (am) Upon Subject to s. 767.477, upon the request of a party, granting periods of physical placement to a party in a manner consistent with s. 767.24. The court or family court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.

AB445, s. 18 Section 18. 767.23 (1) (c) of the statutes is amended to read:

AB445,14,5 767.23 (1) (c) Requiring Subject to s. 767.477, requiring either party or both parties to make payments for the support of minor children, which payment amounts may be expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum.

AB445, s. 19 Section 19. 767.23 (1) (k) of the statutes is amended to read:

AB445,14,9 767.23 (1) (k) Requiring Subject to s. 767.477, requiring either party or both parties to maintain minor children as beneficiaries on a health insurance policy or plan.

AB445, s. 20 Section 20. 767.23 (1n) of the statutes is amended to read:

AB445,14,23 767.23 (1n) Before making any temporary order under sub. (1), the court or family court commissioner shall consider those factors which that the court is required by this chapter to consider before entering a final judgment on the same subject matter. In making a determination under sub. (1) (a) or (am), the court or family court commissioner shall consider the factors under s. 767.24 (5). If the court or family court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB445, s. 21 Section 21. 767.24 (1) of the statutes is amended to read:

AB445,15,5 767.24 (1) General provisions. In rendering a judgment of annulment, divorce or, legal separation or paternity, or in rendering a judgment in an action under s. 767.02 (1) (e) or 767.62 (3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.

AB445, s. 22 Section 22. 767.24 (1m) of the statutes is created to read:

AB445,15,14 767.24 (1m) Parenting plan. In an action for annulment, divorce or legal separation, an action to determine paternity or an action under s. 767.02 (1) (e) or 767.62 (3) in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court before any pretrial conference. A party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:

AB445,15,15 (a) What legal custody or physical placement the parent is seeking.

AB445,15,22 (b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.

AB445,16,3 (c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.

AB445,16,5 (d) Who will provide any necessary child care when the parent cannot and who will pay for the child care.

AB445,16,6 (e) Where the child will go to school.

AB445,16,7 (f) What doctor or health care facility will provide medical care for the child.

AB445,16,8 (g) How the child's medical expenses will be paid.

AB445,16,9 (h) What the child's religious commitment will be, if any.

AB445,16,11 (i) Who will make decisions about the child's education, medical care, choice of child care providers and extracurricular activities.

AB445,16,12 (j) How the holidays will be divided.

AB445,16,13 (k) What the child's summer schedule will be.

AB445,16,15 (L) Whether and how the child will be able to contact the other parent when the child has physical placement with the parent providing the parenting plan.

AB445,16,17 (m) How the parent proposes to resolve disagreements related to matters over which the court orders joint decision making.

AB445,16,19 (n) What child support, family support, maintenance or other income transfer there will be.

AB445,16,24 (o) If there is evidence that either party engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.

AB445, s. 23 Section 23. 767.24 (2) (a) of the statutes is amended to read:

AB445,17,3 767.24 (2) (a) Subject to par. (b) pars. (am), (b) and (c), based on the best interest of the child and after considering the factors under sub. (5), the court may give joint legal custody or sole legal custody of a minor child.

AB445, s. 24 Section 24. 767.24 (2) (am) of the statutes is created to read:

AB445,17,6 767.24 (2) (am) The court shall presume that joint legal custody is in the best interest of the child.

AB445, s. 25 Section 25. 767.24 (2) (b) of the statutes is amended to read:

AB445,17,9 767.24 (2) (b) The court may give joint sole legal custody only if it finds that doing so is in the child's best interest and that either of the following applies:

AB445,17,10 1. Both parties agree to joint sole legal custody with the same party.

AB445,17,13 2. The parties do not agree to joint sole legal custody with the same party, but at least one party requests joint sole legal custody and the court specifically finds all any of the following:

AB445,17,15 a. Both parties are One party is not capable of performing parental duties and responsibilities and or does not wish to have an active role in raising the child.

AB445,17,17 b. No One or more conditions exist at that time which that would substantially interfere with the exercise of joint legal custody.

AB445,18,2 c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2), or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required. This presumption may be rebutted by clear and convincing evidence that the abuse will not interfere with the parties' ability to cooperate in the future decision making required.

AB445, s. 26 Section 26. 767.24 (2) (c) of the statutes is created to read:

AB445,18,6 767.24 (2) (c) The court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court finds that the refusal to cooperate is unreasonable.

AB445, s. 27 Section 27. 767.24 (4) (a) of the statutes is renumbered 767.24 (4) (a) 1. and amended to read:

AB445,18,11 767.24 (4) (a) 1. Except as provided under par. (b), if the court orders sole or joint legal custody under sub. (2), the court shall allocate periods of physical placement between the parties in accordance with this subsection.

AB445,18,17 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). 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.

AB445, s. 28 Section 28. 767.24 (4) (a) 3. of the statutes is created to read:

AB445,18,22 767.24 (4) (a) 3. Notwithstanding subd. 2. and sub. (5), the court shall presume that any proposal submitted to the court with respect to periods of physical placement that has been voluntarily agreed to by the parties is in the child's best interest.

AB445, s. 29 Section 29. 767.24 (4) (c) of the statutes is amended to read:

AB445,19,3 767.24 (4) (c) No court may deny periods of physical placement for failure to meet, or grant periods of physical placement for meeting, any financial obligation to the child or, if the parties were married, to the former spouse.

AB445, s. 30 Section 30. 767.24 (5) (intro.) of the statutes is amended to read:

AB445,19,12 767.24 (5) Factors in custody and physical placement determinations. (intro.) 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 court shall consider reports of appropriate professionals if admitted into evidence when legal custody or physical placement is contested. The court shall consider the following factors in making its determination:

AB445, s. 31 Section 31. 767.24 (5) (a) of the statutes is amended to read:

AB445,19,16 767.24 (5) (a) The wishes of the child's parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial.

AB445, s. 32 Section 32. 767.24 (5) (bm) of the statutes is created to read:

AB445,19,19 767.24 (5) (bm) The right of the child to spend the same amount of time or substantial periods of time with each parent.

AB445, s. 33 Section 33. 767.24 (5) (cm) of the statutes is created to read:

AB445,19,24 767.24 (5) (cm) The amount and quality of time that each parent roles has spent with the child in the past, any necessary changes to the parents' custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future.

AB445, s. 34 Section 34. 767.24 (5) (dm) of the statutes is created to read:

AB445,20,2 767.24 (5) (dm) The age of the child and the child's developmental and educational needs at different ages.

AB445, s. 35 Section 35. 767.24 (5) (em) of the statutes is created to read:

AB445,20,5 767.24 (5) (em) The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child.

AB445, s. 36 Section 36. 767.24 (5) (fm) of the statutes is created to read:

AB445,20,9 767.24 (5) (fm) The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party.

AB445, s. 37 Section 37. 767.24 (5) (g) of the statutes is amended to read:

AB445,20,14 767.24 (5) (g) Whether each party can support the other party's relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party.

AB445, s. 38 Section 38. 767.24 (5) (jm) of the statutes is created to read:

AB445,20,17 767.24 (5) (jm) The reports of appropriate professionals if admitted into evidence.

AB445, s. 39 Section 39. 767.242 of the statutes is created to read:

AB445,20,20 767.242 Enforcement of physical placement orders. (1) Definitions. In this section:

AB445,20,23 (a) "Petitioner" means the parent filing a petition under this section, regardless of whether that parent was the petitioner in the action in which periods of physical placement were awarded under s. 767.24.

AB445,21,3 (b) "Respondent" means the parent upon whom a petition under this section is served, regardless of whether that parent was the respondent in the action in which periods of physical placement were awarded under s. 767.24.

AB445,21,6 (2) Who may file. A parent who has been awarded periods of physical placement under s. 767.24 may file a petition under sub. (3) if any of the following applies:

AB445,21,8 (a) The parent has had one or more periods of physical placement denied by the other parent.

AB445,21,10 (b) The parent has had one or more periods of physical placement substantially interfered with by the other parent.

AB445,21,14 (c) The parent has incurred a financial loss or expenses as a result of the other parent's intentional failure to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement.

AB445,21,15 (3) Petition. (a) The petition shall allege facts sufficient to show the following:

AB445,21,17 1. The name of the petitioner and that the petitioner has been awarded periods of physical placement.

AB445,21,18 2. The name of the respondent.

AB445,21,19 3. That the criteria in sub. (2) apply.

AB445,21,23 (b) The petition shall request the imposition of a remedy or any combination of remedies under sub. (5) (b) and (c). This paragraph does not prohibit a judge or family court commissioner from imposing a remedy under sub. (5) (b) or (c) if the remedy was not requested in the petition.

AB445,21,25 (c) A judge or family court commissioner shall accept any legible petition for an order under this section.

AB445,22,2 (d) The petition shall be filed under the principal action under which the periods of physical placement were awarded.