SB202, s. 29
18Section
29. 767.10 (1) of the statutes is amended to read:
SB202,14,2319
767.10
(1) The parties in an action for an annulment, divorce or legal
20separation may
, subject to the approval of the court, stipulate for a division of
21property, for maintenance payments, for the support of children, for periodic family
22support payments under s. 767.261 or for legal custody and physical placement, in
23case a divorce or legal separation is granted or a marriage annulled.
SB202, s. 30
24Section
30. 767.11 (8) (b) (intro.) of the statutes is amended to read:
SB202,15,6
1767.11
(8) (b) (intro.) A court
may, in its discretion, shall hold a trial or hearing
2without requiring attendance at the session under par. (a) if the court finds that
3attending the session will cause undue hardship or would endanger the health or
4safety of one of the parties. In making its determination of whether attendance at
5the session would endanger the health or safety of one of the parties, the court shall
6consider
evidence all of the following:
SB202, s. 31
7Section
31. 767.11 (8) (b) 1. of the statutes is amended to read:
SB202,15,108
767.11
(8) (b) 1.
That Whether a party
engaged in has been convicted of a crime
9involving abuse, as defined in s.
813.122 (1) (a)
48.02 (1), of the child, as defined in
10s. 48.02 (2).
SB202, s. 32
11Section
32. 767.11 (8) (b) 2. of the statutes is amended to read:
SB202,15,1412
767.11
(8) (b) 2.
Interspousal Whether a party has been convicted of battery as
13described under s. 940.19 or 940.20 (1m)
or domestic abuse as defined in s. 813.12
14(1) (a) against the other party.
SB202, s. 33
15Section
33. 767.11 (8) (b) 3. of the statutes is repealed.
SB202, s. 34
16Section
34. 767.11 (8) (b) 4. of the statutes is amended to read:
SB202,15,1817
767.11
(8) (b) 4. Any other
clear and convincing evidence indicating that a
18party's health or safety will be endangered by attending the session.
SB202, s. 35
19Section
35. 767.11 (9) (intro.) and (b) of the statutes are consolidated,
20renumbered 767.11 (9) and amended to read:
SB202,15,2521
767.11
(9) Prohibited issues in mediation. If mediation is provided by a
22mediator assigned under sub. (6), no issue relating to property division, maintenance
23or child support may be considered during the mediation unless
all of the following
24apply: (b) The the parties agree in writing to consider the property division,
25maintenance or child support issue.
SB202, s. 36
1Section
36. 767.11 (9) (a) of the statutes is repealed.
SB202, s. 37
2Section
37. 767.11 (10) (intro.) of the statutes is amended to read:
SB202,16,53
767.11
(10) Powers and duties of mediator. (intro.) A mediator assigned
4under sub. (6) shall
be guided by the best interest of the child and may do any of the
5following, at his or her discretion:
SB202, s. 38
6Section
38. 767.11 (10) (a) of the statutes is amended to read:
SB202,16,87
767.11
(10) (a) Include the counsel of
any party or any appointed both parties
8and any guardian ad litem
appointed under s. 48.235 in the mediation.
SB202, s. 39
9Section
39. 767.11 (10) (b) of the statutes is amended to read:
SB202,16,1110
767.11
(10) (b) Interview any child of the parties
, with
or without a party 11neither of the parties present or with both of the parties present.
SB202, s. 40
12Section
40. 767.11 (10) (e) (intro.) and 4. of the statutes are consolidated,
13renumbered 767.11 (10) (e) and amended to read:
SB202,16,1714
767.11
(10) (e) Terminate mediation if a party does not cooperate
or if mediation
15is not appropriate or if any
of the following facts exist: 4. Other evidence
which 16indicates
one of the parties' that the health or safety
of one of the parties will be
17endangered if mediation is not terminated.
SB202, s. 41
18Section
41. 767.11 (10) (e) 1. to 3. of the statutes are repealed.
SB202, s. 42
19Section
42. 767.11 (12) (a) and (b) of the statutes are amended to read:
SB202,17,1120
767.11
(12) (a) Any agreement which resolves issues of legal custody or periods
21of physical placement between the parties reached as a result of mediation under this
22section shall be prepared in writing, reviewed by the attorney, if any, for each party
23and by any
appointed guardian ad litem
appointed under s. 48.235, and submitted
24to the court to be included in the court order as a stipulation. Any reviewing attorney
25or guardian ad litem shall certify on the mediation agreement that he or she reviewed
1it
and the guardian ad litem, if any, shall comment on the agreement based on the
2best interest of the child. The mediator shall certify, that the written mediation
3agreement is
in the best interest of the child based on the information presented to
4the mediator and
that it accurately reflects the agreement made between the parties.
5The court
may approve or reject the agreement, based on the best interest of the
6child. The court shall state in writing its reasons for rejecting an agreement shall
7approve the agreement if the court finds that the agreement is knowingly and
8voluntarily made. If the court as a matter of law finds that any aspect of the
9agreement is unconscionable, the court shall reject the unconscionable aspect or so
10limit the application of the unconscionable aspect as to avoid any unconscionable
11result.
SB202,17,2112
(b) If after mediation under this section the parties do not reach agreement on
13legal custody or periods of physical placement, the parties or the mediator shall so
14notify the court.
The court shall promptly appoint a guardian ad litem under s.
15767.045. After the appointment the court shall, if appropriate, refer the matter for
16a legal custody or physical placement study under sub. (14). If the parties come to
17agreement on legal custody or physical placement after the matter has been referred
18for a study, the study shall be terminated. The parties may return to mediation at
19any time before any trial of or final hearing on legal custody or periods of physical
20placement. If the parties return to mediation, the county shall collect any applicable
21fee under s. 814.615.
SB202, s. 43
22Section
43. 767.11 (14) (a) 1. of the statutes is amended to read:
SB202,17,2323
767.11
(14) (a) 1. The conditions of
the child's each parent's home.
SB202, s. 44
24Section
44. 767.11 (14) (a) 2. of the statutes is amended to read:
SB202,18,2
1767.11
(14) (a) 2. Each party's performance of parental duties and
2responsibilities relating to the
basic care of the child.
SB202, s. 45
3Section
45. 767.11 (14) (a) 3. of the statutes is repealed.
SB202, s. 46
4Section
46. 767.11 (14) (b) of the statutes is amended to read:
SB202,18,135
767.11
(14) (b) The person or entity investigating the parties under par. (a)
6shall complete the investigation and submit the results to the court. The court shall
7make the results available to both parties. The report shall be a part of the record
8in the action
unless the court orders otherwise. The report shall not be considered
9as a recommendation as to legal custody or physical placement but as evidence
10relating to the condition of each parent's home and the ability of each parent to
11provide basic care for the child and may be considered by the court for the purpose
12of determining whether to order the filing of a petition under s. 48.25 (1) to initiate
13proceedings under s. 48.13.
SB202, s. 47
14Section
47. 767.115 (title) and (1) of the statutes are amended to read:
SB202,19,2
15767.115 (title)
Educational program on the effects of divorce family
16breakup on children. (1) At any time during the pendency of an action affecting
17the family in which a minor child is involved and in which the court or family court
18commissioner determines that it is appropriate
and in the best interest of the child,
19the court or family court commissioner, on its own motion, may order the parties to
20attend a program specified by the court or family court commissioner concerning the
21effects on a child of a
dissolution of the marriage
break in the family relationship.
22A program under this subsection shall be educational rather than therapeutic in
23nature
and may not exceed a total of 4 hours in length. The parties shall be
24responsible for the cost, if any, of attendance at the program.
The court or family
25court commissioner may specifically assign responsibility for payment of any cost.
1No facts or information obtained in the course of the program, and no report resulting
2from the program, is admissible in any action or proceeding.
SB202, s. 48
3Section
48. 767.14 of the statutes is amended to read:
SB202,19,12
4767.14 Service on and appearance by family court commissioner. In
5any action affecting the family, each party shall, either within 20 days after making
6service on the opposite party of any petition or pleading or before filing such petition
7or pleading in court, serve a copy of the same upon the family court commissioner of
8the county in which the action is begun, whether such action is contested or not. No
9judgment in any such action shall be granted unless this section is complied with
10except when otherwise ordered by the court. Such commissioner
may shall appear
11in an action under this chapter
when appropriate; and shall appear when requested
12by the court
or by a party.
SB202, s. 49
13Section
49. 767.23 (1) (intro.) of the statutes is amended to read:
SB202,19,1714
767.23
(1) (intro.) Except as provided in ch. 822, in every action affecting the
15family,
including a paternity action after paternity has been adjudicated, the court
16or family court commissioner
may shall, during the pendency thereof, make just and
17reasonable temporary orders concerning the following matters:
SB202, s. 50
18Section
50. 767.23 (1) (a) of the statutes is amended to read:
SB202,19,2419
767.23
(1) (a)
Upon request of one party, granting Granting legal custody of the
20minor children to the parties jointly
, to one party solely or to a relative or agency
21specified under s. 767.24 (3). The court or family court commissioner may order joint
22legal custody without the agreement of the
other party and without the findings
23required under s. 767.24 (2) (b) 2. parties. This order may not have a binding effect
24on a final custody determination.
SB202, s. 51
25Section
51. 767.23 (1) (am) of the statutes is repealed and recreated to read:
SB202,20,3
1767.23
(1) (am) Granting equal periods of physical placement to the parties
2unless the parties agree to a different physical placement allocation or unless a
3conflicting order under s. 48.345 or subch. VI of ch. 938 is in effect.
SB202, s. 52
4Section
52. 767.23 (1) (bm) of the statutes is repealed.
SB202, s. 53
5Section
53. 767.23 (1) (c) of the statutes is renumbered 767.23 (1c) (a).
SB202, s. 54
6Section
54. 767.23 (1) (d) of the statutes is renumbered 767.23 (1c) (b).
SB202, s. 55
7Section
55. 767.23 (1) (e) of the statutes is renumbered 767.23 (1c) (c).
SB202, s. 56
8Section
56. 767.23 (1) (f) of the statutes is renumbered 767.23 (1c) (d).
SB202, s. 57
9Section
57. 767.23 (1) (g) of the statutes is renumbered 767.23 (1c) (e).
SB202, s. 58
10Section
58. 767.23 (1) (h) of the statutes is renumbered 767.23 (1c) (f).
SB202, s. 59
11Section
59. 767.23 (1) (i) of the statutes is renumbered 767.23 (1c) (g).
SB202, s. 60
12Section
60. 767.23 (1) (k) of the statutes is renumbered 767.23 (1c) (h).
SB202, s. 61
13Section
61. 767.23 (1) (L) of the statutes is renumbered 767.23 (1c) (i).
SB202, s. 62
14Section
62. 767.23 (1c) (intro.) of the statutes is created to read:
SB202,20,1715
767.23
(1c) (intro.) In every action affecting the family, the court or family court
16commissioner may, during the pendency thereof, make just and reasonable
17temporary orders concerning the following matters:
SB202, s. 63
18Section
63. 767.23 (1n) of the statutes is amended to read:
SB202,21,519
767.23
(1n) Before Except as provided in sub. (1) (a) and (am), before making
20any temporary order under sub. (1)
or (1c), the court or family court commissioner
21shall consider those factors which the court is required by this chapter to consider
22before entering a final judgment on the same subject matter. If the court or family
23court commissioner makes a temporary child support order that deviates from the
24amount of support that would be required by using the percentage standard
25established by the department under s. 49.22 (9), the court or family court
1commissioner shall comply with the requirements of s. 767.25 (1n). A temporary
2order under sub. (1)
or (1c) may be based upon the written stipulation of the parties
,
3subject to the approval of the court or the family court commissioner. Temporary
4orders made by the family court commissioner may be reviewed by the court as
5provided in s. 767.13 (6).
SB202, s. 64
6Section
64. 767.23 (2) of the statutes is amended to read:
SB202,21,97
767.23
(2) Notice of motion for an order or order to show cause under sub. (1)
8or (1c) may be served at the time the action is commenced or at any time thereafter
9and shall be accompanied by an affidavit stating the basis for the request for relief.
SB202, s. 65
10Section
65. 767.24 (1) of the statutes is amended to read:
SB202,21,1811
767.24
(1) General provisions. In rendering a judgment of annulment, divorce
12or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (e),
13the there are rebuttable presumptions that both parents are fit and have the ability
14to rear their children, that both parents are qualified to decide what is best for their
15children and that joint legal custody and equal periods of physical placement are
16fundamental rights of each parent and child. The court shall make such provisions
17as it deems just and reasonable concerning the legal custody and physical placement
18of any minor child of the parties
, as
are provided in this section.
SB202, s. 66
19Section
66. 767.24 (2) (a) of the statutes is renumbered 767.24 (2) (a) (intro.)
20and amended to read:
SB202,21,2421
767.24
(2) (a) (intro.)
Subject to par. (b), based on the best interest of the child
22and after considering the factors under sub. (5), the The court may give
joint legal
23custody or sole legal custody of a minor child
.
to one parent if either of the following
24applies:
SB202, s. 67
25Section
67. 767.24 (2) (a) 1. and 2. of the statutes are created to read:
SB202,22,1
1767.24
(2) (a) 1. Both parties agree to sole legal custody with one parent.
SB202,22,32
2. The parental rights of one parent have been terminated under subch. VIII
3of ch. 48.
SB202, s. 68
4Section
68. 767.24 (2) (b) of the statutes is repealed and recreated to read:
SB202,22,65
767.24
(2) (b) The court shall give joint legal custody if one or both parties
6request joint legal custody.
SB202, s. 69
7Section
69. 767.24 (3) of the statutes is repealed.
SB202, s. 70
8Section
70. 767.24 (4) (a) of the statutes is amended to read:
SB202,22,149
767.24
(4) (a)
Except as provided under par. (b), if If the court orders sole
legal
10custody because the parties agree to it under sub. (2) (a) 1. or joint legal custody under
11sub. (2)
(b), the court shall allocate periods of physical placement between the parties
12in accordance with this subsection.
In determining the allocation of periods of
13physical placement, the court shall consider each case on the basis of the factors in
14sub. (5).
SB202, s. 71
15Section
71. 767.24 (4) (b) of the statutes is repealed and recreated to read:
SB202,22,2516
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:
SB202,23,1
11. New Year's Day.
SB202,23,33
3. Memorial Day.
SB202,23,44
4. Independence Day (July 4).
SB202,23,55
5. Labor Day.
SB202,23,66
6. Thanksgiving Day.
SB202,23,77
7. Christmas Eve.
SB202,23,88
8. Christmas Day.
SB202,23,99
9. New Year's Eve.
SB202,23,1010
10. The child's birthday.
SB202, s. 72
11Section
72. 767.24 (4) (cm) of the statutes is repealed.
SB202, s. 73
12Section
73. 767.24 (4) (d) of the statutes is amended to read:
SB202,23,1513
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).
SB202, s. 74
16Section
74. 767.24 (5) of the statutes is repealed.
SB202, s. 75
17Section
75. 767.24 (6) (a) and (am) of the statutes are repealed.
SB202, s. 76
18Section
76. 767.24 (6) (b) of the statutes is amended to read: