Current law provides that the liability of a man who has signed and filed a
statement acknowledging paternity to pay past support is limited to support for the
period after the birth of the child. The bill changes this to support for the period after
the date on which the statement acknowledging paternity was filed with the state
registrar.
The bill makes a number of other miscellaneous changes. Under current law,
a divorce action may not be commenced unless at least one of the parties has been
a resident of the county in which the action is brought for not less than 30 days. This
residency requirement is lengthened to six months. Stipulations under current law
are subject to the approval of the court. The bill generally removes this approval
requirement and requires the court to incorporate into the appropriate judgment or
order any stipulation of the parties. Under current law, the parties to an action
affecting the family are prohibited from certain actions during the pendency of the

action, including establishing a residence with a minor child of the parties outside
the state or more than 150 miles from the residence of the other party within the
state, removing a minor child of the parties from the state for more than 90
consecutive days or concealing a minor child of the parties from the other party. The
bill instead prohibits any party from establishing a legal residence for a minor child
of the parties outside the school district in which the child resided on the 180th day
before the commencement of the action, or since birth if the child is less than six
months old, or other school district agreed upon by the parties, and from removing
a minor child of the parties from the state for 14 consecutive days or more without
the written approval of the other party. The bill also makes some changes in the
mediation procedure under current law and requires the court to approve any
agreement that the parties reach as a result of mediation, as long as it is knowingly
and voluntarily made and not unconscionable.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB107, s. 1 1Section 1. 20.921 (2) (a) of the statutes is amended to read:
SB107,8,92 20.921 (2) (a) Whenever it becomes necessary in pursuance of any federal or
3state law or court-ordered assignment of income under s. 46.10 (14) (e), 301.12 (14)
4(e), 767.23 (1) (L) (1c) (i), 767.25 (4m) (c), 767.265, 767.51 (3m) (c) or 767.62 (4) (b) 3.
5to make deductions from the salaries of state officers or employes or employes of the
6University of Wisconsin Hospitals and Clinics Authority, the state agency or
7authority by which the officers or employes are employed is responsible for making
8such deductions and paying over the total thereof for the purposes provided by the
9laws or orders under which they were made.
SB107, s. 2 10Section 2. 49.141 (1) (b) of the statutes is amended to read:
SB107,9,211 49.141 (1) (b) "Custodial parent" means, with respect to a dependent child, a
12parent who resides with that child and, if there has been a determination of legal
13custody with respect to the dependent child, has legal custody of that child. For the

1purposes of this paragraph, "legal custody" has the meaning given in s. 767.001 (2)
2(a).
SB107, s. 3 3Section 3. 51.30 (5) (bm) of the statutes is amended to read:
SB107,9,74 51.30 (5) (bm) Parents denied physical placement. A parent who has been
5denied periods of physical placement with a child under s. 767.24 (4) (b) or 767.325
6(4) may not have the rights of a parent or guardian under pars. (a) and (b) with
7respect to access to that child's court or treatment records.
SB107, s. 4 8Section 4. 55.07 (2) of the statutes is amended to read:
SB107,9,119 55.07 (2) A parent who has been denied periods of physical placement under
10s. 767.24 (4) (b) or 767.325 (4) may not have the rights of a parent or guardian with
11respect to access to a child's records under this chapter.
SB107, s. 5 12Section 5. 102.27 (2) (a) of the statutes is amended to read:
SB107,9,1513 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
14301.12 (14) (e), 767.23 (1) (L) (1c) (i), 767.25 (4m) (c), 767.265 (1), 767.51 (3m) (c) or
15767.62 (4) (b) 3.
SB107, s. 6 16Section 6. 115.76 (12) of the statutes is amended to read:
SB107,9,2517 115.76 (12) "Parent" means a biological parent; a husband who has consented
18to the artificial insemination of his wife under s. 891.40; a male who is presumed to
19be the child's father under s. 891.41; a male who has been adjudicated the child's
20father under subch. VIII of ch. 48, under ss. 767.45 to 767.51, by final order or
21judgment of an Indian tribal court of competent jurisdiction or by final order or
22judgment of a court of competent jurisdiction in another state; an adoptive parent;
23a legal guardian; a person acting as a parent of a child; a person appointed as a
24sustaining parent under s. 48.428; or a person assigned as a surrogate parent under
25s. 115.792 (1) (a) 2. "Parent" does not include any person whose parental rights have

1been terminated; the state or a county or a child welfare agency if a child was made
2a ward of the state or a county or child welfare agency under ch. 880 or if a child has
3been placed in the legal custody or guardianship of the state or a county or a child
4welfare agency under ch. 48 or ch. 767; or an American Indian tribal agency if the
5child was made a ward of the agency or placed in the legal custody or guardianship
6of the agency.
SB107, s. 7 7Section 7. 146.835 of the statutes is amended to read:
SB107,10,11 8146.835 Parents denied physical placement rights. A parent who has
9been denied periods of physical placement under s. 767.24 (4) (b) or 767.325 (4) may
10not have the rights of a parent or guardian under this chapter with respect to access
11to that child's patient health care records under s. 146.82 or 146.83.
SB107, s. 8 12Section 8. 757.48 (1) (a) of the statutes is amended to read:
SB107,10,1813 757.48 (1) (a) Except as provided in s. 879.23 (4), in all matters in which a
14guardian ad litem is appointed by the court, the guardian ad litem shall be an
15attorney admitted to practice in this state. In order to be appointed as a guardian
16ad litem under s. 767.045, an attorney shall have completed 3 hours of approved
17continuing legal education relating to the functions and duties of a guardian ad litem
18under ch. 767.
SB107, s. 9 19Section 9. 758.19 (5) (a) 2. of the statutes is amended to read:
SB107,10,2120 758.19 (5) (a) 2. Fees for expert witnesses called by the guardian ad litem under
21s. 767.045 (6), 1997 stats., if either or both parties are unable to pay those fees.
SB107, s. 10 22Section 10. 767.001 (1s) of the statutes is amended to read:
SB107,11,223 767.001 (1s) "Joint legal custody" means the condition under which both
24parties share legal custody and neither party's legal custody rights are superior,

1except with respect to specified decisions as set forth stipulated by the court or the
2parties and set forth in the final judgment or order.
SB107, s. 11 3Section 11. 767.001 (2) (intro.) and (a) of the statutes are consolidated,
4renumbered 767.001 (2) and amended to read:
SB107,11,95 767.001 (2) "Legal custody" means: (a) With,with respect to any person
6granted legal custody of a child, other than a county agency or a licensed child welfare
7agency under par. (b),
the right and responsibility to make major decisions
8concerning the child, except with respect to specified decisions as set forth stipulated
9by the court or the parties and set forth in the final judgment or order.
SB107, s. 12 10Section 12. 767.001 (2) (b) of the statutes is repealed.
SB107, s. 13 11Section 13. 767.001 (2m) of the statutes is amended to read:
SB107,11,1512 767.001 (2m) "Major decisions" includes, but is not limited to, means decisions
13regarding consent to marry, consent to enter military service, consent to obtain a
14motor vehicle operator's license, and authorization for nonemergency health care
15and choice of school and religion
.
SB107, s. 14 16Section 14. 767.001 (3) of the statutes is amended to read:
SB107,11,2317 767.001 (3) "Mediation" means a cooperative process involving the parties and
18a mediator, the purpose of which is to help the parties, by applying communication
19and dispute resolution skills, define and resolve their own disagreements, with the
20best interest of the child as the paramount consideration
and to encourage the
21parties to cooperate in making decisions regarding their minor children, based on the
22principle that each parent has an equal right of access to and equal responsibility to
23provide care for their minor children
.
SB107, s. 15 24Section 15. 767.001 (4m) of the statutes is created to read:
SB107,12,2
1767.001 (4m) "Nonemergency health care" means routine health care and
2includes such care as acute illness care, physical examinations and dental care.
SB107, s. 16 3Section 16. 767.02 (1) (k) of the statutes is amended to read:
SB107,12,64 767.02 (1) (k) Concerning periods of physical placement or visitation rights to
5children, including an action to prohibit a move with or the removal of a child under
6s. 767.327 (3) (c)
.
SB107, s. 17 7Section 17. 767.045 of the statutes is repealed and recreated to read:
SB107,12,15 8767.045 Petition to juvenile court; guardian ad litem. (1)
9Notwithstanding s. 803.01 (3) and except as provided in sub. (2), the court may not
10appoint a guardian ad litem for a minor child in an action affecting the family. If at
11any time during the pendency of an action affecting the family in which a minor child
12is involved the court has reason for special concern as to the welfare of the minor
13child, the court shall order a parent or the parents to file a petition under s. 48.25 (1)
14to initiate proceedings under s. 48.13. If the court takes jurisdiction over the child
15under s. 48.13, the court may appoint a guardian ad litem as provided in s. 48.235.
SB107,12,22 16(2) (a) The attorney responsible for support enforcement under s. 59.53 (6) (a)
17may request that the court or family court commissioner appoint a guardian ad litem
18to bring an action or motion on behalf of a minor who is a nonmarital child whose
19paternity has not been acknowledged under s. 767.62 (1) or a substantially similar
20law of another state or adjudicated for the purpose of determining the paternity of
21the child, and the court or family court commissioner shall appoint a guardian ad
22litem, if any of the following applies:
SB107,13,223 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 on behalf
24of the child, or benefits are provided to the child's custodial parent under ss. 49.141

1to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of
2limitations from commencing an action under s. 767.45 on behalf of the child.
SB107,13,63 2. An application for legal services has been filed with the child support
4program under s. 49.22 on behalf of the child, but the state and its delegate under
5s. 49.22 (7) are barred by a statute of limitations from commencing an action under
6s. 767.45 on behalf of the child.
SB107,13,107 (b) A guardian ad litem appointed under par. (a) shall bring an action or motion
8for the determination of the child's paternity. The appointment of a guardian ad
9litem under par. (a) terminates upon the entry of the court's order determining the
10existence or nonexistence of paternity.
SB107, s. 18 11Section 18. 767.05 (1m) of the statutes is amended to read:
SB107,13,2212 767.05 (1m) Residence. No action under s. 767.02 (1) (a) or (b) may be brought
13unless at least one of the parties has been a bona fide resident of the county in which
14the action is brought for not less than 30 days 6 months next preceding the
15commencement of the action, or unless the marriage has been contracted within this
16state within one year prior to the commencement of the action. No action under s.
17767.02 (1) (c) or (d) may be brought unless at least one of the parties has been a bona
18fide resident of the county in which the action is brought for not less than 30 days
196 months next preceding the commencement of the action. No action under s. 767.02
20(1) (c) may be brought unless at least one of the parties has been a bona fide resident
21of this state for not less than 6 months next preceding the commencement of the
22action.
SB107, s. 19 23Section 19. 767.081 (2) (a) (intro.) of the statutes is amended to read:
SB107,14,3
1767.081 (2) (a) (intro.) The family court commissioner shall, with or without
2charge, provide the party with written information on the following, as appropriate
3to the action commenced:
SB107, s. 20 4Section 20. 767.083 (2) of the statutes is amended to read:
SB107,14,95 767.083 (2) An order by the court, after consideration of the recommendation
6of the family court commissioner, directing an immediate hearing on the petition for
7the protection of the health or safety of either of the parties or of any child of the
8marriage parties or for other emergency reasons consistent with the policies of this
9chapter. The court shall upon granting such order specify the grounds therefor.
SB107, s. 21 10Section 21. 767.085 (1) (a) of the statutes is amended to read:
SB107,14,1311 767.085 (1) (a) The name and birthdate of the parties, the social security
12numbers of the husband and wife parties and their occupations, the date and place
13of marriage and the facts relating to the residence of both parties.
SB107, s. 22 14Section 22. 767.085 (1) (j) (intro.) of the statutes is amended to read:
SB107,14,1815 767.085 (1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that
16during the pendency of the action, the parties are prohibited from, and may be held
17in contempt of court for, doing any of the following without the consent of the other
18party or an order of the court or family court commissioner:
SB107, s. 23 19Section 23. 767.085 (1) (j) 1. of the statutes is amended to read:
SB107,14,2420 767.085 (1) (j) 1. Establishing a residence with for a minor child of the parties
21outside the state or more than 150 miles from the residence of the other party within
22the state
school district in which the child resided on the 180th day before the
23commencement of the action, or since birth if the child is less than 6 months old, or
24other school district agreed upon by the parties
.
SB107, s. 24 25Section 24. 767.085 (1) (j) 2. of the statutes is amended to read:
SB107,15,2
1767.085 (1) (j) 2. Removing a minor child of the parties from the state for more
2than 90
14 consecutive days or more without the written approval of the other party.
SB107, s. 25 3Section 25. 767.085 (2) (a) of the statutes is amended to read:
SB107,15,64 767.085 (2) (a) Either or both of the parties to the marriage may initiate the
5action. The party initiating the action or his or her attorney shall sign the petition.
6Both parties or their respective attorneys shall sign a joint petition.
SB107, s. 26 7Section 26. 767.087 (1) (c) of the statutes is amended to read:
SB107,15,168 767.087 (1) (c) Unless the action is one under s. 767.02 (1) (g) or (h), without
9the consent of the other party or an order of the court or family court commissioner,
10establishing a residence with for a minor child of the parties outside the state or more
11than 150 miles from the residence of the other party within the state
school district
12in which the child resided on the 180th day before the commencement of the action,
13or since birth if the child is less than 6 months old, or other school district agreed upon
14by the parties
, removing a minor child of the parties from the state for more than 90
1514 consecutive days or more without the written approval of the other party or
16concealing a minor child of the parties from the other party.
SB107, s. 27 17Section 27. 767.087 (2) of the statutes is amended to read:
SB107,15,2018 767.087 (2) The prohibitions under sub. (1) shall apply until the action is
19dismissed, or until a final judgment in the action is entered or until the court or
20family court commissioner orders otherwise
.
SB107, s. 28 21Section 28. 767.087 (3) (b) of the statutes is amended to read:
SB107,16,222 767.087 (3) (b) An act in violation of sub. (1) (c) is not a contempt of court if the
23court finds that the action was taken to protect a party or by clear and convincing
24evidence that the party took the action to protect
a minor child of the parties from
25physical abuse by the other party and that there was no reasonable opportunity

1under the circumstances for the party
and that the party obtained or made a
2reasonable attempt
to obtain an order under sub. (2) authorizing the action.
SB107, s. 29 3Section 29. 767.10 (1) of the statutes is amended to read:
SB107,16,84 767.10 (1) The parties in an action for an annulment, divorce or legal
5separation may, subject to the approval of the court, stipulate for a division of
6property, for maintenance payments, for the support of children, for periodic family
7support payments under s. 767.261 or for legal custody and physical placement, in
8case a divorce or legal separation is granted or a marriage annulled.
SB107, s. 30 9Section 30. 767.11 (8) (b) (intro.) of the statutes is amended to read:
SB107,16,1510 767.11 (8) (b) (intro.) A court may, in its discretion, shall hold a trial or hearing
11without requiring attendance at the session under par. (a) if the court finds that
12attending the session will cause undue hardship or would endanger the health or
13safety of one of the parties. In making its determination of whether attendance at
14the session would endanger the health or safety of one of the parties, the court shall
15consider evidence all of the following:
SB107, s. 31 16Section 31. 767.11 (8) (b) 1. of the statutes is amended to read:
SB107,16,1917 767.11 (8) (b) 1. That Whether a party engaged in has been convicted of a crime
18involving
abuse, as defined in s. 813.122 (1) (a) 48.02 (1), of the child, as defined in
19s. 48.02 (2).
SB107, s. 32 20Section 32. 767.11 (8) (b) 2. of the statutes is amended to read:
SB107,16,2321 767.11 (8) (b) 2. Interspousal Whether a party has been convicted of battery as
22described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12
23(1) (a)
against the other party.
SB107, s. 33 24Section 33. 767.11 (8) (b) 3. of the statutes is repealed.
SB107, s. 34 25Section 34. 767.11 (8) (b) 4. of the statutes is amended to read:
SB107,17,2
1767.11 (8) (b) 4. Any other clear and convincing evidence indicating that a
2party's health or safety will be endangered by attending the session.
SB107, s. 35 3Section 35. 767.11 (9) (intro.) and (b) of the statutes are consolidated,
4renumbered 767.11 (9) and amended to read:
SB107,17,95 767.11 (9) Prohibited issues in mediation. If mediation is provided by a
6mediator assigned under sub. (6), no issue relating to property division, maintenance
7or child support may be considered during the mediation unless all of the following
8apply: (b) The
the parties agree in writing to consider the property division,
9maintenance or child support issue.
SB107, s. 36 10Section 36. 767.11 (9) (a) of the statutes is repealed.
SB107, s. 37 11Section 37. 767.11 (10) (intro.) of the statutes is amended to read:
SB107,17,1412 767.11 (10) Powers and duties of mediator. (intro.) A mediator assigned
13under sub. (6) shall be guided by the best interest of the child and may do any of the
14following, at his or her discretion:
SB107, s. 38 15Section 38. 767.11 (10) (a) of the statutes is amended to read:
SB107,17,1716 767.11 (10) (a) Include the counsel of any party or any appointed both parties
17and any
guardian ad litem appointed under s. 48.235 in the mediation.
SB107, s. 39 18Section 39. 767.11 (10) (b) of the statutes is amended to read:
SB107,17,2019 767.11 (10) (b) Interview any child of the parties , with or without a party
20neither of the parties present or with both of the parties present.
SB107, s. 40 21Section 40. 767.11 (10) (e) (intro.) and 4. of the statutes are consolidated,
22renumbered 767.11 (10) (e) and amended to read:
SB107,18,223 767.11 (10) (e) Terminate mediation if a party does not cooperate or if mediation
24is not appropriate
or if any of the following facts exist: 4. Other evidence which

1indicates one of the parties' that the health or safety of one of the parties will be
2endangered if mediation is not terminated.
SB107, s. 41 3Section 41. 767.11 (10) (e) 1. to 3. of the statutes are repealed.
SB107, s. 42 4Section 42. 767.11 (12) (a) and (b) of the statutes are amended to read:
SB107,18,215 767.11 (12) (a) Any agreement which resolves issues of legal custody or periods
6of physical placement between the parties reached as a result of mediation under this
7section shall be prepared in writing, reviewed by the attorney, if any, for each party
8and by any appointed guardian ad litem appointed under s. 48.235, and submitted
9to the court to be included in the court order as a stipulation. Any reviewing attorney
10or guardian ad litem shall certify on the mediation agreement that he or she reviewed
11it and the guardian ad litem, if any, shall comment on the agreement based on the
12best interest of the child. The mediator shall certify
, that the written mediation
13agreement is in the best interest of the child based on the information presented to
14the mediator and that it accurately reflects the agreement made between the parties.
15The court may approve or reject the agreement, based on the best interest of the
16child. The court shall state in writing its reasons for rejecting an agreement
shall
17approve the agreement if the court finds that the agreement is knowingly and
18voluntarily made. If the court as a matter of law finds that any aspect of the
19agreement is unconscionable, the court shall reject the unconscionable aspect or so
20limit the application of the unconscionable aspect as to avoid any unconscionable
21result
.
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