LRB-1903/2
PJK:jld:pg
2007 - 2008 LEGISLATURE
May 8, 2007 - Introduced by Representatives Albers, F. Lasee, Hahn and
Pridemore, cosponsored by Senator Plale. Referred to Committee on
Children and Family Law.
AB309,1,2
1An Act to amend 767.405 (14) (b) of the statutes;
relating to: offering and
2admitting custody studies in accordance with the rules of evidence.
Analysis by the Legislative Reference Bureau
Under current law, in an action affecting the family, such as a divorce, if there
is a minor child and the parties do not agree on legal custody or physical placement,
the parties must be referred to mediation to attempt to resolve the contested issues.
The court may order a person or entity designated by the county to conduct a legal
custody or physical placement study to investigate such issues as the conditions of
the child's home, the parties' performance of parental duties, and whether either
party has engaged in domestic abuse. The report that results from the study is
submitted to the court, with copies to the parties, and made a part of the record of
the action unless the court orders otherwise. This bill requires that, if the report is
to be made a part of the record, it be offered and received in accordance with the rules
of evidence. Consequently, the parties would have the opportunity to question the
person who conducted the study and made the report with respect to any statements,
conclusions, or recommendations that the person includes in the report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB309, s. 1
3Section
1. 767.405 (14) (b) of the statutes is amended to read:
AB309,2,5
1767.405
(14) (b) The person or entity investigating the parties under par. (a)
2shall complete the investigation and submit the results to the court. The court shall
3make the results available to both parties.
If the report is to be made a part of the
4record, it shall be offered and received in accordance with the rules of evidence. The
5report shall be a part of the record in the action unless the court orders otherwise.
