AB442, s. 71
15Section
71. 767.24 (4) (b) of the statutes is repealed and recreated to read:
AB442,22,2516
767.24
(4) (b) The court shall approve any written schedule for physical
17placement that the parties agree to and submit to the court. If the parties do not
18agree on a placement schedule, the court shall require each party to submit a
19placement proposal. The court shall approve the proposal submitted that sets forth
20the most equal allocation of periods of physical placement between the parties. If
21neither party proposes substantially equal periods of physical placement and each
22party proposes that he or she be awarded physical placement for the greater period
23of time, the court shall allocate equal alternating periods of physical placement
24between the parties and shall require that the parties annually alternate spending
25all of the following with the child:
AB442,23,1
11. New Year's Day.
AB442,23,33
3. Memorial Day.
AB442,23,44
4. Independence Day (July 4).
AB442,23,55
5. Labor Day.
AB442,23,66
6. Thanksgiving Day.
AB442,23,77
7. Christmas Eve.
AB442,23,88
8. Christmas Day.
AB442,23,99
9. New Year's Eve.
AB442,23,1010
10. The child's birthday.
AB442, s. 72
11Section
72. 767.24 (4) (cm) of the statutes is repealed.
AB442, s. 73
12Section
73. 767.24 (4) (d) of the statutes is amended to read:
AB442,23,1513
767.24
(4) (d)
If the The court
grants periods of physical placement to more than
14one parent, it shall order a parent with legal custody and physical placement rights
15to provide the notice required under s. 767.327
(1)
(2).
AB442, s. 74
16Section
74. 767.24 (5) of the statutes is repealed.
AB442, s. 75
17Section
75. 767.24 (6) (a) and (am) of the statutes are repealed.
AB442, s. 76
18Section
76. 767.24 (6) (b) of the statutes is amended to read:
AB442,23,2319
767.24
(6) (b)
Notwithstanding s. 767.001 (1s), in making an order of If the
20court awards joint legal custody, the
court may give one party parties may stipulate
21that one party has the sole power to make specified decisions, while both parties
22retain equal rights and responsibilities for other decisions.
The court shall
23incorporate the terms of the stipulation into the final judgment or order.
AB442, s. 77
24Section
77. 767.24 (6) (bm) of the statutes is created to read:
AB442,24,6
1767.24
(6) (bm) If the court awards joint legal custody, the parties may stipulate
2to the primary care physicians for a minor child, and the court shall incorporate the
3terms of the stipulation into the final judgment or order. If the parties do not agree
4on the primary care physicians, the court may specify the primary care physicians
5for a minor child after considering the child's present health care and health
6insurance arrangements and any orders made by the court under s. 767.25 (4m).
AB442, s. 78
7Section
78. 767.24 (6) (c) of the statutes is amended to read:
AB442,24,138
767.24
(6) (c)
In making an order of joint legal custody and periods of physical
9placement, the The court may specify one parent as the primary caretaker of the
10child and one home as the primary home of the child
, for the purpose of determining
11eligibility for aid under s. 49.19 or benefits under ss. 49.141 to 49.161
or for any other
12purpose the court considers appropriate only if both parents are dependent persons,
13as defined in s. 49.01 (2).
AB442, s. 79
14Section
79. 767.245 (1) of the statutes is amended to read:
AB442,24,2115
767.245
(1) Except as provided in sub. (2m), upon petition by a grandparent,
16greatgrandparent, stepparent or person who has maintained a relationship similar
17to a parent-child relationship with the child, the court may grant reasonable
18visitation rights to that person if the parents have notice of the hearing and if the
19court determines
that by a preponderance of the evidence that the visitation is
in the
20best interest of the child not harmful to the child or to the child's relationship with
21either of the child's parents.
AB442, s. 80
22Section
80. 767.245 (2) of the statutes is repealed.
AB442, s. 81
23Section
81. 767.245 (3) (intro.) of the statutes is amended to read:
AB442,25,224
767.245
(3) (intro.) The court may grant reasonable visitation rights, with
25respect to a child, to a grandparent of the child if the child's parents have notice of
1the hearing and the court determines
, by a preponderance of the evidence, all of the
2following:
AB442, s. 82
3Section
82. 767.245 (3) (f) of the statutes is amended to read:
AB442,25,54
767.245
(3) (f) The visitation is
in the best interest of the child not harmful to
5the child or to the child's relationship with either of the child's parents.
AB442, s. 83
6Section
83. 767.245 (3m) (c) of the statutes is amended to read:
AB442,25,97
767.245
(3m) (c) If a party or
the
any guardian ad litem
appointed under s.
848.235 refuses to accept a recommendation under this subsection, the action shall be
9set for trial.
AB442, s. 84
10Section
84. 767.25 (2) of the statutes is amended to read:
AB442,25,1411
767.25
(2) The court may
protect and promote the best interests of the minor
12children by setting set aside a portion of the child support which either party is
13ordered to pay in a separate fund or trust for the support, education and welfare of
14such children.
AB442, s. 85
15Section
85. 767.255 (1) of the statutes is amended to read:
AB442,25,2416
767.255
(1) Upon every judgment of annulment, divorce or legal separation, or
17in rendering a judgment in an action under s. 767.02 (1) (h), the court shall divide
18the property of the parties and divest and transfer the title of any such property
19accordingly. A certified copy of the portion of the judgment that affects title to real
20estate shall be recorded in the office of the register of deeds of the county in which
21the lands so affected are situated. The court may
protect and promote the best
22interests of the children by setting set aside a portion of the property of the parties
23in a separate fund or trust for the support, maintenance, education and general
24welfare of any minor children of the parties.
AB442, s. 86
25Section
86. 767.265 (3h) of the statutes is amended to read:
AB442,26,13
1767.265
(3h) A person who receives notice of assignment under this section or
2s. 767.23
(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) or similar laws of another
3state shall withhold the amount specified in the notice from any money that person
4pays to the payer later than one week after receipt of notice of assignment. Within
55 days after the day the person pays money to the payer, the person shall send the
6amount withheld to the clerk of court or support collection designee, whichever is
7appropriate, of the jurisdiction providing notice or, in the case of an amount ordered
8withheld for health care expenses, to the appropriate health care insurer, provider
9or plan. Except as provided in sub. (3m), for each payment sent to the clerk of court
10or support collection designee, the person from whom the payer receives money shall
11receive an amount equal to the person's necessary disbursements, not to exceed $3,
12which shall be deducted from the money to be paid to the payer. Section 241.09 does
13not apply to assignments under this section.
AB442, s. 87
14Section
87. 767.265 (4) of the statutes is amended to read:
AB442,26,1715
767.265
(4) A withholding assignment or order under this section or s. 767.23
16(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) has priority over any other
17assignment, garnishment or similar legal process under state law.
AB442, s. 88
18Section
88. 767.265 (6) (a) of the statutes is amended to read:
AB442,27,219
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
20assignment the person from whom the payer receives money fails to withhold the
21money or send the money to the clerk of court or support collection designee or the
22appropriate health care insurer, provider or plan as provided in this section or s.
23767.23
(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c), the person may be proceeded
24against under the principal action under ch. 785 for contempt of court or may be
25proceeded against under ch. 778 and be required to forfeit not less than $50 nor more
1than an amount, if the amount exceeds $50, that is equal to 1% of the amount not
2withheld or sent.
AB442, s. 89
3Section
89. 767.265 (6) (b) of the statutes is amended to read:
AB442,27,94
767.265
(6) (b) If an employer who receives an assignment under this section
5or s. 767.23
(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) fails to notify the clerk
6of court or support collection designee, whichever is appropriate, within 10 days after
7an employe is terminated or otherwise temporarily or permanently leaves
8employment, the employer may be proceeded against under the principal action
9under ch. 785 for contempt of court.
AB442, s. 90
10Section
90. 767.265 (6) (c) of the statutes is amended to read:
AB442,27,1911
767.265
(6) (c) No employer may use an assignment under this section or s.
12767.23
(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) as a basis for the denial of
13employment to a person, the discharge of an employe or any disciplinary action
14against an employe. An employer who denies employment or discharges or
15disciplines an employe in violation of this paragraph may be fined not more than
16$500 and may be required to make full restitution to the aggrieved person, including
17reinstatement and back pay. Except as provided in this paragraph, restitution shall
18be in accordance with s. 973.20. An aggrieved person may apply to the district
19attorney or to the department for enforcement of this paragraph.
AB442, s. 91
20Section
91. 767.325 (1) of the statutes is repealed and recreated to read:
AB442,27,2321
767.325
(1) Modifications. (a) The court shall modify an order of physical
22placement in a way that alters the time a parent may spend with his or her child or
23an order of legal custody if any of the following applies:
AB442,27,2524
1. A parent requests a modification and the current order is not in conformity
25with s. 767.24.
AB442,28,2
12. The parental rights of a parent have been terminated under subch. VIII of
2ch. 48.
AB442,28,33
3. The parties agree to a modification.
AB442,28,44
(b) A modification under this subsection shall be consistent with s. 767.24.
AB442, s. 92
5Section
92. 767.325 (2) of the statutes is repealed.
AB442, s. 93
6Section
93. 767.325 (3) of the statutes is repealed.
AB442, s. 94
7Section
94. 767.325 (4) of the statutes is repealed.
AB442, s. 95
8Section
95. 767.327 of the statutes is repealed and recreated to read:
AB442,28,15
9767.327 Moving the child's residence outside the school district and
10other removals. (1) Except as provided in sub. (5), if both parents of a child in an
11action affecting the family are awarded physical placement rights to the child,
12neither parent may establish a legal residence for the child outside the school district
13in which the child resided on the 180th day before the commencement of the action
14affecting the family, or since birth if the child is less than 6 months old, or other school
15district agreed upon by the parties.
AB442,28,22
16(2) (a) A parent specified in sub. (1) who wishes to establish his or her legal
17residence outside the state or at any location within the state that is at a distance
18of 150 miles or more from the school district in which the child resided on the 180th
19day before the commencement of the action affecting the family, or since birth if the
20child is less than 6 months old, or other school district agreed upon by the parties,
21shall provide not less than 60 days' written notice to the other parent, with a copy
22to the court, of his or her intent regarding changing his or her legal residence.
AB442,29,223
(b) The parent shall send the notice under par. (a) by certified mail. The notice
24shall state the parent's proposed action, including the specific date and location of
1the move, and that the other parent may request a modification to the physical
2placement order as provided in sub. (3).
AB442,29,6
3(3) If the proposed move under sub. (2) would make it difficult or impractical
4for the parties to comply with the physical placement order and at the same time for
5the child to remain in the same school district, either party may file a petition, motion
6or order to show cause for modification of the physical placement order.
AB442,29,11
7(4) (a) If after a notice under sub. (2) has been sent or a petition, motion or order
8to show cause under sub. (3) has been filed the parties agree to a modification of the
9physical placement order or to a change in the child's school district and file a
10stipulation with the court, the court shall approve the agreement and incorporate the
11terms of the stipulation into a revised order.
AB442,29,1412
(b) If the parties do not agree to a modification after a petition, motion or order
13to show cause under sub. (3) has been filed, the court may modify the physical
14placement order, subject to all of the following:
AB442,29,1815
1. The parent not proposing the move shall be awarded periods of physical
16placement that include weekdays and weeknights when school is in session, at least
17one weekend per month, at least 4 weeks during the summer months when school
18is not in session and alternating holidays.
AB442,29,2019
2. The parent proposing the move shall be awarded the maximum amount of
20physical placement that is reasonable under the circumstances.
AB442,29,2221
3. The parent proposing the move shall be responsible for the transportation
22costs of exercising his or her physical placement rights.
AB442,30,2
23(5) The court may allow a parent specified in sub. (1) to establish a legal
24residence for the child outside the school district in which the child resided on the
25180th day before the commencement of the action affecting the family, or since birth
1if the child is less than 6 months old, or other school district agreed upon by the
2parties, if all of the following apply:
AB442,30,43
(a) The parent desiring to establish a different legal residence for the child files
4a petition, motion or order to show cause for that purpose.
AB442,30,65
(b) The other parent has notice of the hearing on the petition, motion or order
6to show cause.
AB442,30,107
(c) The parent desiring to establish a different legal residence for the child
8shows by clear and convincing evidence that, for a period of at least one year, the
9other parent has exercised his or her physical placement rights for less than 10% of
10the amount of time that he or she was awarded by the court.
AB442,30,18
11(6) Notwithstanding sub. (1), if both parents specified in sub. (1) wish to
12establish their legal residences or a legal residence for the child outside the current
13school district of the child and do not agree on a new school district for the child, the
14court may designate one of the new legal residences of the parents as the child's legal
15residence for the purpose of establishing a new school district for the child. In
16making the determination under this subsection, the court shall specify as the child's
17legal residence the location that the court determines will maximize the amount of
18time that each parent may spend with the child.
AB442,30,25
19(7) Notwithstanding sub. (1), if a parent specified in sub. (1) has established
20his or her legal residence outside the state or at a location within the state that is at
21a distance of 150 miles or more from the child's current school district, the court may
22allow the parent whose legal residence is in the child's current school district to
23establish a legal residence for the child outside the child's current school district if
24the move does not increase the distance between the child and the other parent and
25the other parent does not wish to move back to the child's current school district.
AB442,31,3
1(8) Unless the parents agree otherwise, a parent with legal custody and
2physical placement rights shall notify and obtain the written approval of the other
3parent before removing the child from the state for a period of 14 days or more.
AB442, s. 96
4Section
96. 767.33 (1m) (a) of the statutes is renumbered 767.33 (1m) and
5amended to read:
AB442,31,96
767.33
(1m) Except as provided in par. (b), this This section applies only to an
7order under s. 767.23 or 767.25 in which payment is expressed as a fixed sum. It does
8not apply to such an order in which payment is expressed as a percentage of parental
9income.
AB442, s. 97
10Section
97. 767.33 (1m) (b) of the statutes is repealed.
AB442, s. 98
11Section
98. 767.45 (1) (d) of the statutes is amended to read:
AB442,31,1412
767.45
(1) (d) A man alleged or alleging himself to be the father of the child
, 13including a man against whom an action was dismissed under s. 767.458 (1m), 1995
14stats., before the effective date of this paragraph .... [revisor inserts date].
AB442, s. 99
15Section
99. 767.45 (1) (i) of the statutes is amended to read:
AB442,31,1716
767.45
(1) (i) A guardian ad litem appointed for the child under s. 48.235,
17767.045
(1) (c) (2) (a) or 938.235.
AB442, s. 100
18Section
100. 767.45 (2) of the statutes is repealed.
AB442, s. 101
19Section
101. 767.458 (1) (b) of the statutes is amended to read:
AB442,31,2520
767.458
(1) (b) If the respondent is unable to afford counsel due to indigency,
21and the petitioner is represented by a government attorney under s. 767.45 (1) (g) or
22(6) or the action is commenced on behalf of the child by an attorney appointed under
23s. 767.045
(1) (c) (2) (a), counsel shall be appointed for the respondent as provided in
24s. 767.52 and ch. 977, unless the respondent knowingly and voluntarily waives the
25appointment of counsel;
AB442, s. 102
1Section
102. 767.458 (1) (c) of the statutes is amended to read:
AB442,32,52
767.458
(1) (c)
Except as provided under sub. (1m), the The respondent may
3request the administration of genetic tests which either demonstrate that he is not
4the father of the child or which demonstrate the probability that he is or is not the
5father of the child;
AB442, s. 103
6Section
103. 767.458 (1) (d) of the statutes is amended to read:
AB442,32,87
767.458
(1) (d)
Except as provided under sub. (1m), the The court will order
8genetic tests upon the request of any party; and
AB442, s. 104
9Section
104. 767.458 (1m) of the statutes is repealed.
AB442, s. 105
10Section
105. 767.46 (2) (c) of the statutes is amended to read:
AB442,32,1411
767.46
(2) (c) If the alleged father voluntarily acknowledges paternity of the
12child, that he agree to the duty of support, the legal custody of the child, periods of
13physical placement of the child and other matters as determined
to be in the best
14interests of the child by the court.