LRB-1812/1
PJK:jld:rs
2007 - 2008 LEGISLATURE
July 3, 2007 - Introduced by Representative Albers, cosponsored by Senator
Roessler. Referred to Committee on Children and Family Law.
AB436,1,3
1An Act to amend subchapter V (title) of chapter 767 [precedes 767.401]; and
to
2create 767.215 (2) (bm), 767.215 (2) (em), 767.225 (1) (m) and 767.49 of the
3statutes;
relating to: placement of pets in a divorce.
Analysis by the Legislative Reference Bureau
Current law does not address the placement of pets in actions affecting the
family. This bill provides that, in an annulment, divorce, or legal separation action,
the petition filed in the action must include information about pets of the parties and
whether they have entered into a written agreement as to placement. In the action,
a party may file a motion to have the court determine the placement of a pet. The
bill requires a court to order placement of a pet in conformity with any written
stipulation that the parties file and prohibits the court from ordering shared
placement if the parties do not stipulate to it. If the parties are unable to stipulate
to the placement of a pet, the court may order placement with one of the parties or
may order the parties to surrender the pet to a local humane society and to provide
evidence that it has been done. If the court has ordered shared placement of a pet
and one of the parties moves to a location that would make it impractical to continue
the shared placement, the court modify the placement arrangement in conformity
with a stipulation of the parties. If the parties are unable to stipulate, the court may
order placement with one of the parties or may order the parties to surrender the pet
to a local humane society and to provide evidence that it has been done. The bill
prohibits a court from ordering placement of a pet with a party who has been subject
to a domestic abuse temporary restraining order or injunction. The requirements
also apply for temporary orders during the pendency of the action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB436, s. 1
1Section
1. 767.215 (2) (bm) of the statutes is created to read:
AB436,2,32
767.215
(2) (bm) The species of each pet of the parties and when each pet was
3acquired.
AB436, s. 2
4Section
2. 767.215 (2) (em) of the statutes is created to read:
AB436,2,75
767.215
(2) (em) Whether the parties have entered into a written agreement
6as to placement of any pets of the parties. If so, the written agreement shall be
7attached.
AB436, s. 3
8Section
3. 767.225 (1) (m) of the statutes is created to read:
AB436,2,109
767.225
(1) (m) Upon the request of a party, granting placement of a pet of the
10parties in a manner consistent with s. 767.49.
AB436, s. 4
11Section
4. Subchapter V (title) of chapter 767 [precedes 767.401] of the
12statutes is amended to read:
AB436,2,1414
SUBCHAPTER V
AB436,2,16
15CHILD CUSTODY, PLACEMENT, AND
16
VISITATION
AB436, s. 5
17Section
5. 767.49 of the statutes is created to read:
AB436,3,3
18767.49 Placement of pets. (1) Motion and stipulation for placement. In
19an annulment, divorce, or legal separation action, a party may file a motion for a
20determination of the placement of a pet of the parties. The court may not order that
21the parties share placement of a pet unless the parties have filed a written
1stipulation with the court that provides for shared placement. Except as provided
2in sub. (4) (a), the court shall order placement of the pet in conformity with any
3written stipulation of the parties.
AB436,3,11
4(2) Placement of pet if no stipulation. If a party to an annulment, divorce,
5or legal separation action requests the court to determine placement of a pet of the
6parties and the parties are unable to stipulate as to the pet's placement or sub. (4)
7(a) applies, the court may order placement with one of the parties or may order that
8the pet be surrendered to a local humane society or other similar animal care facility
9designated by the court. If the court orders that the pet be surrendered, the court
10shall require that the parties submit evidence to the court that the pet has been so
11surrendered.
AB436,3,22
12(3) If a party moves. If the court has ordered shared placement of a pet under
13sub. (1) and one of the parties moves, or intends to move, to a location that would
14make it impractical for the current placement arrangement to continue, a party may
15file a motion for modification of the placement order. Except as provided in sub. (4)
16(a), the court shall modify the placement order in conformity with any written
17stipulation of the parties. If the parties are unable to stipulate to a modified
18placement arrangement or sub. (4) (a) applies, the court may order placement with
19one of the parties or may order that the pet be surrendered to a local humane society
20or other similar animal care facility designated by the court. If the court orders that
21the pet be surrendered, the court shall require that the parties submit evidence to
22the court that the pet has been so surrendered.
AB436,3,25
23(4) General provisions. (a) The court may not order placement of a pet of the
24parties with a party who has been subject to a temporary restraining order or
25injunction under s. 813.12 or 813.122.
AB436,4,1
1(b) A stipulation under this section may be amended by the parties in writing.
AB436,4,43
(1) This act first applies to annulment, divorce, or legal separation actions that
4are commenced on the effective date of this subsection.
