AB859: Bill Text

AB859,10,10 767.05 (5) Title of actions. An action affecting the family under s. 767.02 (1) (a) to (d) or (g) to (k) shall be entitled "In re the marriage of A.B. and C.D.", except that an independent action for visitation under s.767.245 (3) shall be entitled "In re visitation with A. B.". An action affecting the family under s. 767.02 (1) (f) or (m) shall be entitled "In re the support of A.B.". A child custody action shall be entitled "In re the custody of A.B.". An action affecting the family under s. 767.02 (1) (n) shall be entitled "In re the custody, support and physical placement of A. B.", whichever is applicable. In all other respects, the general provisions of chs. 801 and 802 respecting the content and form of the summons and pleadings shall apply.

AB859, s. 13 Section 13. 767.077 (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB859,10,18 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or (n) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all of the following apply:

AB859, s. 14 Section 14. 767.085 (1) (a) of the statutes is amended to read:

AB859,10,23 767.085 (1) (a) The name and birthdate of the parties, the social security numbers of the husband and wife parties and their occupations, the date and place of marriage, if the parties are married, and the facts relating to the residence of both the parties.

AB859, s. 15 Section 15. 767.085 (1) (b) of the statutes is amended to read:

AB859,11,3 767.085 (1) (b) The name and birthdate of each minor child of the parties and each other child born to the wife a party during the marriage, if the parties are married, and whether the wife a party is pregnant.

AB859, s. 16 Section 16. 767.085 (2) (a) of the statutes is amended to read:

AB859,11,8 767.085 (2) (a) Either or both of the parties to the a marriage or either or both of the parents of a child may initiate the action. The party initiating the action or his or her attorney shall sign the petition. Both parties or their respective attorneys shall sign a joint petition.

AB859, s. 17 Section 17. 767.10 (1) of the statutes is amended to read:

AB859,11,17 767.10 (1) The parties in an action for an annulment, divorce or legal separation may, subject to the approval of the court, stipulate for a division of property, for maintenance payments, for the support of children, for periodic family support payments under s. 767.261 or for legal custody and physical placement, in case a divorce or legal separation is granted or a marriage annulled. The parties in an action for custody, child support or periods of physical placement of a child may, subject to the approval of the court, stipulate for the support of the child, for legal custody of the child or for periods of physical placement of the child.

AB859, s. 18 Section 18. 767.115 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 270), is amended to read:

AB859,12,2 767.115 (1) (a) At any time during the pendency of an action affecting the family in which a minor child is involved and in which the court or family court commissioner determines that it is appropriate and in the best interest of the child, the court or family court commissioner, on its own motion, may order the parties to attend a program specified by the court or family court commissioner concerning the effects on what happens to a child of a dissolution of the marriage if the child's parents divorce, legally separate or cease residing together in the same home.

AB859, s. 19 Section 19. 767.21 (1) (a) of the statutes is amended to read:

AB859,12,13 767.21 (1) (a) Full faith and credit shall be given in all courts of this state to a judgment in any action affecting the family, except an action relating to child custody, by a court of competent jurisdiction in another state, territory or possession of the United States, when both spouses parties personally appear or when the respondent has been personally served. Full faith and credit shall also be given in all courts of this state to the amount of arrearages owed for nonpayment or late payment of a child support, family support or maintenance payment under an order issued by a court of competent jurisdiction in another state, territory or possession of the United States. A court in this state may not adjust the amount of arrearages owed except as provided in s. 767.32 (1m).

AB859, s. 20 Section 20. 767.24 (1) of the statutes is amended to read:

AB859,12,20 767.24 (1) General provisions. In rendering a judgment of annulment, divorce or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (e) or (k) or an action under s. 767.02 (1) (n) relating to custody or physical placement, the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.

AB859, s. 21 Section 21. 767.25 (1) (intro.) of the statutes is amended to read:

AB859,13,2 767.25 (1) (intro.)  Whenever the court approves a stipulation for child support under s. 767.10, enters a judgment of annulment, divorce or legal separation, or enters an order or a judgment in an action under s. 767.02 (1) (f) or (j) or 767.08 or an action under s. 767.02 (1) (n) relating to child support, the court shall do all of the following:

AB859, s. 22 Section 22. 767.25 (1m) (c) of the statutes is amended to read:

AB859,13,6 767.25 (1m) (c) The standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation or had the child's parents not ceased residing together in the same home.

AB859, s. 23 Section 23. 767.25 (4m) (b) of the statutes is amended to read:

AB859,13,25 767.25 (4m) (b) In addition to ordering child support for a child under sub. (1), the court shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses. In assigning responsibility for a child's health care expenses, the court shall consider whether a child is covered under a parent's health insurance policy or plan at the time the court approves a stipulation for child support under s. 767.10, enters a judgment of annulment, divorce or legal separation, or enters an order or a judgment in an action under s. 767.02 (1) (f) or (j) or 767.08 or an action under s. 767.02 (1) (n) relating to child support, the availability of health insurance to each parent through an employer or other organization, the extent of coverage available to a child and the costs to the parent for the coverage of the child. A parent may be required to initiate or continue health care insurance coverage for a child under this subsection. If a parent is required to do so, he or she shall provide copies of necessary program or policy identification to the custodial parent and is liable for any health care costs for which he or she receives direct payment from an insurer. This subsection shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which are in addition to and not inconsistent with this subsection.

AB859, s. 24 Section 24. 801.05 (11) of the statutes is amended to read:

AB859,14,13 801.05 (11) (title) Certain marital actions affecting the family. In addition to personal jurisdiction under sub. (1) and s. 801.06, in any action affecting the family, except for actions under ch. 769, in which a personal claim is asserted against the respondent commenced in the county in which the petitioner resides at the commencement of the action when the respondent resided in this state in marital relationship with the petitioner for not less than 6 consecutive months within the 6 years next preceding the commencement of the action and the respondent is served personally under s. 801.11. The effect of any determination of a child's custody shall not be binding personally against any parent or guardian unless the parent or guardian has been made personally subject to the jurisdiction of the court in the action as provided under this chapter or has been notified under s. 822.05 as provided in s. 822.12.

AB859, s. 25 Section 25. 880.09 (2) of the statutes is renumbered 880.09 (2) (a).

AB859, s. 26 Section 26. 880.09 (2) (b) of the statutes is created to read:

AB859,14,21 880.09 (2) (b) If one parent of a minor is deceased and if the deceased parent did not nominate a guardian under sub. (4), (5) or (6), the court shall appoint as guardian of the person or of the estate, or both, of the minor a person who meets all of the following qualifications, unless the court finds that the appointment of the person as the guardian of the person or of the estate, or both, of the minor is not in the best interests of the minor:

AB859,14,23 1. The person states that he or she agrees to serve as the guardian of the person or of the estate, or both, of the minor if appointed by the court.

AB859,14,25 2. The surviving parent consents to the appointment of the person as the guardian of the person or of the estate, or both, of the minor.

AB859, s. 27 Section 27. 880.09 (2) (c) of the statutes is created to read:

AB859,15,7 880.09 (2) (c) If both parents of the minor are deceased and if the last surviving parent did not nominate a guardian under sub. (4), (5) or (6), the court shall appoint as guardian of the person or of the estate, or both, of the minor a person who meets all of the following qualifications, unless the court finds that the appointment of the person as the guardian of the person or of the estate, or both, of the minor is not in the the best interests of the minor:

AB859,15,9 1. The last surviving parent consented to and fostered the person's formation of a parent-like relationship with the minor.

AB859,15,11 2. The person resided with the minor and the last surviving parent prior to the death of that parent.

AB859,15,15 3. The person assumed obligations of parenthood by taking significant responsibility for the minor's care, education and development, including contributing towards the minor's support, without expectation of financial compensation.

AB859,15,18 4. The person has been in a parental role for a length of time sufficient for the person to have established with the minor a bonded, dependent relationship that is parental in nature.

AB859,15,20 5. The person states that he or she agrees to serve as the guardian of the person or of the estate, or both, of the minor if appointed by the court.

AB859, s. 28 Section 28. 880.15 (1g) of the statutes is created to read:

AB859,16,2 880.15 (1g) Preference. (a) If one or both of the parents of a minor, a developmentally disabled person or a person with other like incapacity are suitable and willing, the court shall appoint one or both of them as temporary guardian unless the proposed ward objects. The court shall appoint a corporate temporary guardian under s. 880.35 only if no suitable individual guardian is available.

AB859,16,8 (b) If one parent of a minor is deceased and if the deceased parent did not nominate a guardian under s. 880.09 (4), (5) or (6), the court shall appoint as temporary guardian of the person or of the estate, or both, of the minor a person who meets all of the following qualifications, unless the court finds that the appointment of the person as the temporary guardian of the person or of the estate, or both, of the minor is not in the best interests of the minor:

AB859,16,10 1. The person states that he or she agrees to serve as the temporary guardian of the person or of the estate, or both, of the minor if appointed by the court.

AB859,16,12 2. The surviving parent consents to the appointment of the person as the temporary guardian of the person or of the estate, or both, of the minor.

AB859,16,18 (c) If both parents of the minor are deceased and if the last surviving parent did not nominate a guardian under s. 880.09 (4), (5) or (6), the court shall appoint as temporary guardian of the person or of the estate, or both, of the minor a person who meets all of the following qualifications, unless the court finds that the appointment of the person as the temporary temporary guardian of the person or of the estate, or both, of the minor is not in the the best interests of the minor:

AB859,16,20 1. The last surviving parent consented to and fostered the person's formation of a parent-like relationship with the minor.

AB859,16,22 2. The person resided with the minor and the last surviving parent prior to the death of that parent.

AB859,17,2 3. The person assumed obligations of parenthood by taking significant responsibility for the minor's care, education and development, including contributing towards the minor's support, without expectation of financial compensation.

AB859,17,5 4. The person has been in a parental role for a length of time sufficient for the person to have established with the minor a bonded, dependent relationship that is parental in nature.

AB859,17,7 5. The person states that he or she agrees to serve as the temporary guardian of the person or of the estate, or both, of the minor if appointed by the court.

AB859, s. 29 Section 29. 880.155 (title) of the statutes is amended to read:

AB859,17,10 880.155 (title) Visitation by grandparents and, stepparents and certain other persons.

AB859, s. 30 Section 30. 880.155 (1) of the statutes is renumbered 880.155 (1) (intro.) and amended to read:

AB859,17,13 880.155 (1) (intro.) In this section, "stepparent":

AB859,17,15 (b) "Stepparent" means the surviving spouse of a deceased parent of a minor child, whether or not the surviving spouse has remarried.

AB859, s. 31 Section 31. 880.155 (1) (a) of the statutes is created to read:

AB859,17,22 880.155 (1) (a) "Person who has maintained a relationship similar to a parent-child relationship with the minor" means a person who is not a parent of a minor, but who has resided in the same home with the minor and a parent of the minor prior to the parent's death and who has maintained a relationship similar to a parent-child relationship with the minor within 2 years prior to the date on which a petition under sub. (2) is filed.

AB859, s. 32 Section 32. 880.155 (2) of the statutes is amended to read:

AB859,18,12 880.155 (2) If one or both parents of a minor child are deceased and the child minor is in the custody of the surviving parent or any other person, a grandparent or stepparent of the child minor or a person who has maintained a relationship similar to a parent-child relationship with the minor may petition for visitation privileges with respect to the child minor, whether or not the person with custody is married. The grandparent or, stepparent or person who has maintained a relationship similar to a parent-child relationship with the minor may file the petition in a guardianship or temporary guardianship proceeding under this chapter that affects the minor child or may file the petition to commence an independent action under this chapter. The court may grant reasonable visitation privileges to the grandparent or, stepparent or person who has maintained a relationship similar to a parent-child relationship with the minor if the surviving parent or other person who has custody of the child minor has notice of the hearing and if the court determines that visitation is in the best interest of the child minor.

AB859, s. 33 Section 33. 880.155 (3) of the statutes is amended to read:

AB859,18,15 880.155 (3) Whenever possible, in making a determination under sub. (2), the court shall consider the wishes of the child minor.

AB859, s. 34 Section 34. 880.155 (5) of the statutes is amended to read:

AB859,18,18 880.155 (5) This section applies to every minor child in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents.

AB859,18,19 (End)