SB107, s. 48 5Section 48. 767.115 (1) (b) of the statutes is amended to read:
SB107,20,126 767.115 (1) (b) At any time during the pendency of an action to determine the
7paternity of a child, or an action affecting the family for which the underlying action
8was an action to determine the paternity of a child, if the court or family court
9commissioner determines that it is appropriate and in the best interest of the child,
10the court or family court commissioner, on its own motion, may order either or both
11of the parties to attend a program specified by the court or family court commissioner
12providing training in parenting or coparenting skills, or both.
SB107, s. 49 13Section 49. 767.115 (1m) of the statutes is amended to read:
SB107,20,1914 767.115 (1m) A program under sub. (1) shall be educational rather than
15therapeutic in nature and may not exceed a total of 4 hours in length. The parties
16shall be responsible for the cost, if any, of attendance at the program. The court or
17family court commissioner may specifically assign responsibility for payment of any
18cost. No facts or information obtained in the course of the program, and no report
19resulting from the program, is admissible in any action or proceeding.
SB107, s. 50 20Section 50. 767.14 of the statutes is amended to read:
SB107,21,4 21767.14 Service on and appearance by family court commissioner. In
22any action affecting the family, each party shall, either within 20 days after making
23service on the opposite party of any petition or pleading or before filing such petition
24or pleading in court, serve a copy of the same upon the family court commissioner of
25the county in which the action is begun, whether such action is contested or not. No

1judgment in any such action shall be granted unless this section is complied with
2except when otherwise ordered by the court. Such commissioner may shall appear
3in an action under this chapter when appropriate; and shall appear when requested
4by the court or by a party.
SB107, s. 51 5Section 51. 767.23 (1) (intro.) of the statutes is amended to read:
SB107,21,96 767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the
7family, including a paternity action after paternity has been adjudicated, the court
8or family court commissioner may shall, during the pendency thereof, make just and
9reasonable temporary orders concerning the following matters:
SB107, s. 52 10Section 52. 767.23 (1) (a) of the statutes is amended to read:
SB107,21,1611 767.23 (1) (a) Upon request of one party, granting Granting legal custody of the
12minor children to the parties jointly, to one party solely or to a relative or agency
13specified under s. 767.24 (3). The court or family court commissioner may order joint
14legal custody
without the agreement of the other party and without the findings
15required under s. 767.24 (2) (b) 2.
parties. This order may not have a binding effect
16on a final custody determination.
SB107, s. 53 17Section 53. 767.23 (1) (am) of the statutes is repealed and recreated to read:
SB107,21,2018 767.23 (1) (am) Granting equal periods of physical placement to the parties
19unless the parties agree to a different physical placement allocation or unless a
20conflicting order under s. 48.345 or subch. VI of ch. 938 is in effect.
SB107, s. 54 21Section 54. 767.23 (1) (bm) of the statutes is repealed.
SB107, s. 55 22Section 55. 767.23 (1) (c) of the statutes is renumbered 767.23 (1c) (a) and
23amended to read:
SB107,22,324 767.23 (1c) (a) Requiring Subject to s. 767.477, requiring either party or both
25parties to make payments for the support of minor children, which payment amounts

1may be expressed as a percentage of parental income or as a fixed sum, or as a
2combination of both in the alternative by requiring payment of the greater or lesser
3of either a percentage of parental income or a fixed sum.
SB107, s. 56 4Section 56. 767.23 (1) (d) of the statutes is renumbered 767.23 (1c) (b).
SB107, s. 57 5Section 57. 767.23 (1) (e) of the statutes is renumbered 767.23 (1c) (c).
SB107, s. 58 6Section 58. 767.23 (1) (f) of the statutes is renumbered 767.23 (1c) (d).
SB107, s. 59 7Section 59. 767.23 (1) (g) of the statutes is renumbered 767.23 (1c) (e).
SB107, s. 60 8Section 60. 767.23 (1) (h) of the statutes is renumbered 767.23 (1c) (f).
SB107, s. 61 9Section 61. 767.23 (1) (i) of the statutes is renumbered 767.23 (1c) (g).
SB107, s. 62 10Section 62. 767.23 (1) (k) of the statutes is renumbered 767.23 (1c) (h).
SB107, s. 63 11Section 63. 767.23 (1) (L) of the statutes is renumbered 767.23 (1c) (i) and
12amended to read:
SB107,22,1513 767.23 (1c) (i) Requiring Subject to s. 767.477, requiring either party or both
14parties to execute an assignment of income for payment of health care expenses of
15minor children.
SB107, s. 64 16Section 64. 767.23 (1c) (intro.) of the statutes is created to read:
SB107,22,1917 767.23 (1c) (intro.) In every action affecting the family, the court or family court
18commissioner may, during the pendency thereof, make just and reasonable
19temporary orders concerning the following matters:
SB107, s. 65 20Section 65. 767.23 (1n) of the statutes is amended to read:
SB107,23,721 767.23 (1n) Before Except as provided in sub. (1) (a) and (am), before making
22any temporary order under sub. (1) or (1c), the court or family court commissioner
23shall consider those factors which the court is required by this chapter to consider
24before entering a final judgment on the same subject matter. If the court or family
25court commissioner makes a temporary child support order that deviates from the

1amount of support that would be required by using the percentage standard
2established by the department under s. 49.22 (9), the court or family court
3commissioner shall comply with the requirements of s. 767.25 (1n). A temporary
4order under sub. (1) or (1c) may be based upon the written stipulation of the parties,
5subject to the approval of the court or the family court commissioner
. Temporary
6orders made by the family court commissioner may be reviewed by the court as
7provided in s. 767.13 (6).
SB107, s. 66 8Section 66. 767.23 (2) of the statutes is amended to read:
SB107,23,119 767.23 (2) Notice of motion for an order or order to show cause under sub. (1)
10or (1c) may be served at the time the action is commenced or at any time thereafter
11and shall be accompanied by an affidavit stating the basis for the request for relief.
SB107, s. 67 12Section 67. 767.24 (1) of the statutes is amended to read:
SB107,23,2013 767.24 (1) General provisions. In rendering a judgment of annulment, divorce
14or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (e),
15the there are rebuttable presumptions that both parents are fit and have the ability
16to rear their children, that both parents are qualified to decide what is best for their
17children and that joint legal custody and equal periods of physical placement are
18fundamental rights of each parent and child. The
court shall make such provisions
19as it deems just and reasonable concerning the legal custody and physical placement
20of any minor child of the parties, as are provided in this section.
SB107, s. 68 21Section 68. 767.24 (2) (a) of the statutes is renumbered 767.24 (2) (a) (intro.)
22and amended to read:
SB107,24,223 767.24 (2) (a) (intro.) Subject to par. (b), based on the best interest of the child
24and after considering the factors under sub. (5), the
The court may give joint legal

1custody or
sole legal custody of a minor child. to one parent if either of the following
2applies:
SB107, s. 69 3Section 69. 767.24 (2) (a) 1. and 2. of the statutes are created to read:
SB107,24,44 767.24 (2) (a) 1. Both parties agree to sole legal custody with one parent.
SB107,24,65 2. The parental rights of one parent have been terminated under subch. VIII
6of ch. 48.
SB107, s. 70 7Section 70. 767.24 (2) (b) (intro.) of the statutes is amended to read:
SB107,24,98 767.24 (2) (b) (intro.) The court may shall give joint legal custody only if it finds
9that doing so is in the child's best interest and that
if either of the following applies:
SB107, s. 71 10Section 71. 767.24 (2) (b) 1. of the statutes is amended to read:
SB107,24,1111 767.24 (2) (b) 1. Both parties agree to request joint legal custody.
SB107, s. 72 12Section 72. 767.24 (2) (b) 2. (intro.) of the statutes is renumbered 767.24 (2)
13(b) 2. and amended to read:
SB107,24,1614 767.24 (2) (b) 2. The parties do not agree to joint legal custody, but one One
15party requests joint legal custody and the court specifically finds all of the following:
16presumption under par. (c) is not created or is rebutted.
SB107, s. 73 17Section 73. 767.24 (2) (b) 2. a. to c. of the statutes are repealed.
SB107, s. 74 18Section 74. 767.24 (2) (c) of the statutes is created to read:
SB107,25,219 767.24 (2) (c) If one party requests joint legal custody and the other party
20objects to joint legal custody, on the objection the court is limited to considering
21whether a party has been convicted of a crime involving abuse, as defined in s. 48.02
22(1), of the child, as defined in s. 48.02 (2), or whether a party has been convicted of
23battery, as described under s. 940.19 or 940.20 (1m), against the other party.
24Evidence of either conviction creates a rebuttable presumption that the parties will
25not be able to cooperate in the future decision making required. This presumption

1may be rebutted by clear and convincing evidence that the abuse or battery will not
2interfere with the parties' ability to cooperate in the future decision making required.
SB107, s. 75 3Section 75. 767.24 (2) (d) of the statutes is created to read:
SB107,25,94 767.24 (2) (d) If a presumption under par. (c) is created and the court orders
5joint custody because the presumption is rebutted, the court may request that the
6parties submit in writing suggestions as to how the parties may reduce possible
7sources of conflict, contact or physical proximity between the parties. The court may
8order the parties to comply with any suggestions that the court considers appropriate
9and necessary.
SB107, s. 76 10Section 76. 767.24 (3) of the statutes is repealed.
SB107, s. 77 11Section 77. 767.24 (4) (a) of the statutes is amended to read:
SB107,25,1712 767.24 (4) (a) Except as provided under par. (b), if If the court orders sole legal
13custody because the parties agree to it under sub. (2) (a) 1.
or joint legal custody under
14sub. (2) (b), the court shall allocate periods of physical placement between the parties
15in accordance with this subsection. In determining the allocation of periods of
16physical placement, the court shall consider each case on the basis of the factors in
17sub. (5).
SB107, s. 78 18Section 78. 767.24 (4) (b) of the statutes is repealed and recreated to read:
SB107,26,319 767.24 (4) (b) The court shall approve any written schedule for physical
20placement that the parties agree to and submit to the court. If the parties do not
21agree on a placement schedule, the court shall require each party to submit a
22placement proposal. The court shall approve the proposal submitted that sets forth
23the most equal allocation of periods of physical placement between the parties. If
24neither party proposes substantially equal periods of physical placement and each
25party proposes that he or she be awarded physical placement for the greater period

1of time, the court shall allocate equal alternating periods of physical placement
2between the parties and shall require that the parties annually alternate spending
3all of the following with the child:
SB107,26,44 1. New Year's Day.
SB107,26,55 2. Easter.
SB107,26,66 3. Memorial Day.
SB107,26,77 4. Independence Day (July 4).
SB107,26,88 5. Labor Day.
SB107,26,99 6. Thanksgiving Day.
SB107,26,1010 7. Christmas Eve.
SB107,26,1111 8. Christmas Day.
SB107,26,1212 9. New Year's Eve.
SB107,26,1313 10. The child's birthday.
SB107, s. 79 14Section 79. 767.24 (4) (cm) of the statutes is repealed.
SB107, s. 80 15Section 80. 767.24 (4) (d) of the statutes is amended to read:
SB107,26,1816 767.24 (4) (d) If the The court grants periods of physical placement to more than
17one parent, it
shall order a parent with legal custody and physical placement rights
18to provide the notice required under s. 767.327 (1) (2).
SB107, s. 81 19Section 81. 767.24 (5) of the statutes is repealed.
SB107, s. 82 20Section 82. 767.24 (6) (a) and (am) of the statutes are repealed.
SB107, s. 83 21Section 83. 767.24 (6) (b) of the statutes is amended to read:
SB107,27,222 767.24 (6) (b) Notwithstanding s. 767.001 (1s), in making an order of If the
23court awards
joint legal custody, the court may give one party parties may stipulate
24that one party has the
sole power to make specified decisions, while both parties

1retain equal rights and responsibilities for other decisions. The court shall
2incorporate the terms of the stipulation into the final judgment or order.
SB107, s. 84 3Section 84. 767.24 (6) (bm) of the statutes is created to read:
SB107,27,94 767.24 (6) (bm) If the court awards joint legal custody, the parties may stipulate
5to the primary care physicians for a minor child, and the court shall incorporate the
6terms of the stipulation into the final judgment or order. If the parties do not agree
7on the primary care physicians, the court may specify the primary care physicians
8for a minor child after considering the child's present health care and health
9insurance arrangements and any orders made by the court under s. 767.25 (4m).
SB107, s. 85 10Section 85. 767.24 (6) (c) of the statutes is amended to read:
SB107,27,1611 767.24 (6) (c) In making an order of joint legal custody and periods of physical
12placement, the
The court may specify one parent as the primary caretaker of the
13child and one home as the primary home of the child, for the purpose of determining
14eligibility for aid under s. 49.19 or benefits under ss. 49.141 to 49.161 or for any other
15purpose the court considers appropriate
only if both parents are dependent persons,
16as defined in s. 49.01 (2)
.
SB107, s. 86 17Section 86. 767.245 (1) of the statutes is amended to read:
SB107,27,2418 767.245 (1) Except as provided in sub. (2m), upon petition by a grandparent,
19greatgrandparent, stepparent or person who has maintained a relationship similar
20to a parent-child relationship with the child, the court may grant reasonable
21visitation rights to that person if the parents have notice of the hearing and if the
22court determines that by a preponderance of the evidence that the visitation is in the
23best interest of the child
not harmful to the child or to the child's relationship with
24either of the child's parents
.
SB107, s. 87 25Section 87. 767.245 (2) of the statutes is repealed.
SB107, s. 88
1Section 88. 767.245 (3) (intro.) of the statutes is amended to read:
SB107,28,52 767.245 (3) (intro.) The court may grant reasonable visitation rights, with
3respect to a child, to a grandparent of the child if the child's parents have notice of
4the hearing and the court determines, by a preponderance of the evidence, all of the
5following:
SB107, s. 89 6Section 89. 767.245 (3) (f) of the statutes is amended to read:
SB107,28,87 767.245 (3) (f) The visitation is in the best interest of the child not harmful to
8the child or to the child's relationship with either of the child's parents
.
SB107, s. 90 9Section 90. 767.245 (3m) (c) of the statutes is amended to read:
SB107,28,1210 767.245 (3m) (c) If a party or the any guardian ad litem appointed under s.
1148.235
refuses to accept a recommendation under this subsection, the action shall be
12set for trial.
SB107, s. 91 13Section 91. 767.25 (1m) (hm) of the statutes is repealed.
SB107, s. 92 14Section 92. 767.25 (2) of the statutes is amended to read:
SB107,28,1815 767.25 (2) The court may protect and promote the best interests of the minor
16children by setting
set aside a portion of the child support which either party is
17ordered to pay in a separate fund or trust for the support, education and welfare of
18such children.
SB107, s. 93 19Section 93. 767.255 (1) of the statutes is amended to read:
SB107,29,320 767.255 (1) Upon every judgment of annulment, divorce or legal separation, or
21in rendering a judgment in an action under s. 767.02 (1) (h), the court shall divide
22the property of the parties and divest and transfer the title of any such property
23accordingly. A certified copy of the portion of the judgment that affects title to real
24estate shall be recorded in the office of the register of deeds of the county in which
25the lands so affected are situated. The court may protect and promote the best

1interests of the children by setting
set aside a portion of the property of the parties
2in a separate fund or trust for the support, maintenance, education and general
3welfare of any minor children of the parties.
SB107, s. 94 4Section 94. 767.265 (3h) of the statutes, as affected by 1997 Wisconsin Act 191,
5is amended to read:
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