SB420: Bill Text

SB420, s. 17 Section 17. 767.327 (2) (b) of the statutes is created to read:

SB420,13,17 767.327 (2) (b) If the parent who is proposing the move or removal receives a notice of objection under par. (a) within 20 days after sending a notice under sub. (1) (a), the parent may not move with or remove the child pending resolution of the dispute, or final order of the court under sub. (3), unless the parent obtains a temporary order to do so under s. 767.23 (1) (bm).

SB420, s. 18 Section 18. 767.327 (3) (title) of the statutes is amended to read:

SB420,13,20 767.327 (3) (title) Standards for modification or prohibition if move or removal contested.

SB420, s. 19 Section 19. 767.327 (3) (a) 1. (intro.) of the statutes is amended to read:

SB420,14,3 767.327 (3) (a) 1. (intro.) Except as provided under par. (b), if the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time, the parent objecting to the move or removal may file a petition, motion or order to show cause for modification of the legal custody or physical placement order affecting the child. The court may modify the legal custody or physical placement order if, after considering the factors under sub. (5), the court finds all of the following:

SB420, s. 20 Section 20. 767.327 (3) (a) 1. b. of the statutes is amended to read:

SB420,14,7 767.327 (3) (a) 1. b. The move or removal will result in a substantial change of circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement.

SB420, s. 21 Section 21. 767.327 (3) (a) 2. a. of the statutes is amended to read:

SB420,14,14 767.327 (3) (a) 2. a. There is a rebuttable presumption that continuing the current allocation of decision making under a legal custody order or continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child. This presumption may be overcome by a showing that the move or removal is unreasonable and not in the best interest of the child.

SB420, s. 22 Section 22. 767.327 (3) (a) 3. of the statutes is amended to read:

SB420,14,17 767.327 (3) (a) 3. Under this paragraph, the burden of proof is on the parent objecting to the move or removal.

SB420, s. 23 Section 23 . 767.327 (3) (b) 1. (intro.) of the statutes is amended to read:

SB420,14,24 767.327 (3) (b) 1. (intro.) If the parents have joint legal custody and have substantially equal periods of physical placement with a the child, either parent may file a petition, motion or order to show cause for modification of the legal custody or physical placement order. The court may modify an order of legal custody or physical placement if, after considering the factors under sub. (5), the court finds all of the following:

SB420, s. 24 Section 24 . 767.327 (3) (c) of the statutes is created to read:

SB420,15,8 767.327 (3) (c) 1. If the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time or the parents have substantially equal periods of physical placement with the child, as an alternative to the petition, motion or order to show cause under par. (a) or (b), the parent objecting to the move or removal may file a petition, motion or order to show cause for an order prohibiting the move or removal. The court may prohibit the move or removal if, after considering the factors under sub. (5), the court finds that the prohibition is in the best interest of the child.

SB420,15,10 2. Under this paragraph, the burden of proof is on the parent objecting to the move or removal.

Note: Authorizes a court to prohibit a parent from moving with or removing a child, if the court finds that the prohibition is in the best interest of the child.

SB420, s. 25 Section 25. 767.327 (3) (d) of the statutes is created to read:

SB420,15,19 767.327 (3) (d) When making a disposition on a petition, motion or order to show cause under par. (a), (b) or (c), the court shall allocate responsibility for the payment of transportation costs for the exercise of physical placement. The court may, on its own motion or on request of a party, make a finding that its disposition under par. (a), (b) or (c) will result in extraordinary travel expenses incurred in exercising periods of physical placement under s. 767.24 which may serve as a basis for adjusting a child support order entered under s. 767.25. If the court so finds, it may modify the amount of child support in accordance with s. 767.25 (1m) and (1n).

Note: Requires a court to allocate responsibility for the payment of transportation costs for exercising physical placement when disposing of a petition, motion or order to show cause relating to moving with or removing a child and authorizes the court to adjust the child support award if the court finds that the disposition of the case will result in extraordinary travel expenses.

SB420, s. 26 Section 26. 814.615 (1) (a) 3. of the statutes is amended to read:

SB420,15,21 814.615 (1) (a) 3. For a study under s. 767.11 (14), a fee of $300 $600.

Note: Increases the statutory fee for a custody study from $300 to $600.

SB420, s. 27 Section 27. 948.31 (2m) of the statutes is created to read:

SB420,16,3 948.31 (2m) (a) Except as provided in par. (b), whoever intentionally violates an injunction issued under s. 767.248 (3) (b) 2. is guilty of a Class B misdemeanor.

SB420,16,6 (b) Whoever intentionally violates an injunction issued under s. 767.248 (3) (b) 2. is guilty of a Class E felony if he or she has a prior conviction for intentionally violating an injunction issued under s. 767.248 (3) (b) 2.

Note: Establishes criminal penalties for violating an injunction issued in an action to enforce an order of physical placement. It provides that the first violation of such an injunction constitutes a Class B misdemeanor, and 2nd or subsequent violations constitute a Class E felony if the person has a prior conviction for intentionally violating an injunction.

SB420, s. 28 Section 28. Initial applicability.

SB420,16,13 (1) The treatment of sections 767.02 (1) (k), 767.23 (1) (bm), 767.25 (1m) (em), 767.32 (2) and 767.327 (1) (a) 1., 2. and 3. and (b), (2) (title) and (3) (title), (a) 1. (intro.) and b., 2. a. and 3., (b) 1. (intro.), (c) and (d) of the statutes, the renumbering of section 767.327 (2) of the statutes and the creation of section 767.327 (2) (b) of the statutes first apply to notices to move with or remove a child under section 767.327 (1) (a) of the statutes that are sent on the effective date of this subsection.

Note: Makes the provisions of the bill relating to moving with, or removing, a child after divorce first applicable to notices to move with or remove a child that are sent on the effective date of the bill.

SB420,16,14 (End)