SB107: Bill Text

SB107,17,14 767.11 (10) Powers and duties of mediator. (intro.) A mediator assigned under sub. (6) shall be guided by the best interest of the child and may do any of the following, at his or her discretion:

SB107, s. 38 Section 38. 767.11 (10) (a) of the statutes is amended to read:

SB107,17,17 767.11 (10) (a) Include the counsel of any party or any appointed both parties and any guardian ad litem appointed under s. 48.235 in the mediation.

SB107, s. 39 Section 39. 767.11 (10) (b) of the statutes is amended to read:

SB107,17,20 767.11 (10) (b) Interview any child of the parties , with or without a party neither of the parties present or with both of the parties present.

SB107, s. 40 Section 40. 767.11 (10) (e) (intro.) and 4. of the statutes are consolidated, renumbered 767.11 (10) (e) and amended to read:

SB107,18,2 767.11 (10) (e) Terminate mediation if a party does not cooperate or if mediation is not appropriate or if any of the following facts exist: 4. Other evidence which indicates one of the parties' that the health or safety of one of the parties will be endangered if mediation is not terminated.

SB107, s. 41 Section 41. 767.11 (10) (e) 1. to 3. of the statutes are repealed.

SB107, s. 42 Section 42. 767.11 (12) (a) and (b) of the statutes are amended to read:

SB107,18,21 767.11 (12) (a) Any agreement which resolves issues of legal custody or periods of physical placement between the parties reached as a result of mediation under this section shall be prepared in writing, reviewed by the attorney, if any, for each party and by any appointed guardian ad litem appointed under s. 48.235, and submitted to the court to be included in the court order as a stipulation. Any reviewing attorney or guardian ad litem shall certify on the mediation agreement that he or she reviewed it and the guardian ad litem, if any, shall comment on the agreement based on the best interest of the child. The mediator shall certify, that the written mediation agreement is in the best interest of the child based on the information presented to the mediator and that it accurately reflects the agreement made between the parties. The court may approve or reject the agreement, based on the best interest of the child. The court shall state in writing its reasons for rejecting an agreement shall approve the agreement if the court finds that the agreement is knowingly and voluntarily made. If the court as a matter of law finds that any aspect of the agreement is unconscionable, the court shall reject the unconscionable aspect or so limit the application of the unconscionable aspect as to avoid any unconscionable result.

SB107,19,6 (b) If after mediation under this section the parties do not reach agreement on legal custody or periods of physical placement, the parties or the mediator shall so notify the court. The court shall promptly appoint a guardian ad litem under s. 767.045. After the appointment the court shall, if appropriate, refer the matter for a legal custody or physical placement study under sub. (14). If the parties come to agreement on legal custody or physical placement after the matter has been referred for a study, the study shall be terminated. The parties may return to mediation at any time before any trial of or final hearing on legal custody or periods of physical placement. If the parties return to mediation, the county shall collect any applicable fee under s. 814.615.

SB107, s. 43 Section 43. 767.11 (14) (a) 1. of the statutes is amended to read:

SB107,19,8 767.11 (14) (a) 1. The conditions of the child's each parent's home.

SB107, s. 44 Section 44. 767.11 (14) (a) 2. of the statutes is amended to read:

SB107,19,11 767.11 (14) (a) 2. Each party's performance of parental duties and responsibilities relating to the basic care of the child.

SB107, s. 45 Section 45. 767.11 (14) (a) 3. of the statutes is repealed.

SB107, s. 46 Section 46. 767.11 (14) (b) of the statutes is amended to read:

SB107,19,22 767.11 (14) (b) The person or entity investigating the parties under par. (a) shall complete the investigation and submit the results to the court. The court shall make the results available to both parties. The report shall be a part of the record in the action unless the court orders otherwise. The report shall not be considered as a recommendation as to legal custody or physical placement but as evidence relating to the condition of each parent's home and the ability of each parent to provide basic care for the child and may be considered by the court for the purpose of determining whether to order the filing of a petition under s. 48.25 (1) to initiate proceedings under s. 48.13.

SB107, s. 47 Section 47. 767.115 (1) (a) of the statutes is amended to read:

SB107,20,4 767.115 (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 a child of a dissolution of the marriage break in the family relationship.

SB107, s. 48 Section 48. 767.115 (1) (b) of the statutes is amended to read:

SB107,20,12 767.115 (1) (b) At any time during the pendency of an action to determine the paternity of a child, or an action affecting the family for which the underlying action was an action to determine the paternity of a child, if 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 either or both of the parties to attend a program specified by the court or family court commissioner providing training in parenting or coparenting skills, or both.

SB107, s. 49 Section 49. 767.115 (1m) of the statutes is amended to read:

SB107,20,19 767.115 (1m) A program under sub. (1) shall be educational rather than therapeutic in nature and may not exceed a total of 4 hours in length. The parties shall be responsible for the cost, if any, of attendance at the program. The court or family court commissioner may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.

SB107, s. 50 Section 50. 767.14 of the statutes is amended to read:

SB107,21,4 767.14 Service on and appearance by family court commissioner. In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleading or before filing such petition or pleading in court, serve a copy of the same upon the family court commissioner of the county in which the action is begun, whether such action is contested or not. No judgment in any such action shall be granted unless this section is complied with except when otherwise ordered by the court. Such commissioner may shall appear in an action under this chapter when appropriate; and shall appear when requested by the court or by a party.

SB107, s. 51 Section 51. 767.23 (1) (intro.) of the statutes is amended to read:

SB107,21,9 767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the family, including a paternity action after paternity has been adjudicated, the court or family court commissioner may shall, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

SB107, s. 52 Section 52. 767.23 (1) (a) of the statutes is amended to read:

SB107,21,16 767.23 (1) (a) Upon request of one party, granting Granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under s. 767.24 (3). The court or family court commissioner may order joint legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. parties. This order may not have a binding effect on a final custody determination.

SB107, s. 53 Section 53. 767.23 (1) (am) of the statutes is repealed and recreated to read:

SB107,21,20 767.23 (1) (am) Granting equal periods of physical placement to the parties unless the parties agree to a different physical placement allocation or unless a conflicting order under s. 48.345 or subch. VI of ch. 938 is in effect.

SB107, s. 54 Section 54. 767.23 (1) (bm) of the statutes is repealed.

SB107, s. 55 Section 55. 767.23 (1) (c) of the statutes is renumbered 767.23 (1c) (a) and amended to read:

SB107,22,3 767.23 (1c) (a) Requiring Subject to s. 767.477, requiring either party or both parties to make payments for the support of minor children, which payment amounts may be expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum.

SB107, s. 56 Section 56. 767.23 (1) (d) of the statutes is renumbered 767.23 (1c) (b).

SB107, s. 57 Section 57. 767.23 (1) (e) of the statutes is renumbered 767.23 (1c) (c).

SB107, s. 58 Section 58. 767.23 (1) (f) of the statutes is renumbered 767.23 (1c) (d).

SB107, s. 59 Section 59. 767.23 (1) (g) of the statutes is renumbered 767.23 (1c) (e).

SB107, s. 60 Section 60. 767.23 (1) (h) of the statutes is renumbered 767.23 (1c) (f).

SB107, s. 61 Section 61. 767.23 (1) (i) of the statutes is renumbered 767.23 (1c) (g).

SB107, s. 62 Section 62. 767.23 (1) (k) of the statutes is renumbered 767.23 (1c) (h).

SB107, s. 63 Section 63. 767.23 (1) (L) of the statutes is renumbered 767.23 (1c) (i) and amended to read:

SB107,22,15 767.23 (1c) (i) Requiring Subject to s. 767.477, requiring either party or both parties to execute an assignment of income for payment of health care expenses of minor children.

SB107, s. 64 Section 64. 767.23 (1c) (intro.) of the statutes is created to read:

SB107,22,19 767.23 (1c) (intro.) In every action affecting the family, the court or family court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

SB107, s. 65 Section 65. 767.23 (1n) of the statutes is amended to read:

SB107,23,7 767.23 (1n) Before Except as provided in sub. (1) (a) and (am), before making any temporary order under sub. (1) or (1c), the court or family court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. If the court or family court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) or (1c) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

SB107, s. 66 Section 66. 767.23 (2) of the statutes is amended to read:

SB107,23,11 767.23 (2) Notice of motion for an order or order to show cause under sub. (1) or (1c) may be served at the time the action is commenced or at any time thereafter and shall be accompanied by an affidavit stating the basis for the request for relief.

SB107, s. 67 Section 67. 767.24 (1) of the statutes is amended to read:

SB107,23,20 767.24 (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), the there are rebuttable presumptions that both parents are fit and have the ability to rear their children, that both parents are qualified to decide what is best for their children and that joint legal custody and equal periods of physical placement are fundamental rights of each parent and child. 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 are provided in this section.

SB107, s. 68 Section 68. 767.24 (2) (a) of the statutes is renumbered 767.24 (2) (a) (intro.) and amended to read:

SB107,24,2 767.24 (2) (a) (intro.) Subject to par. (b), based on the best interest of the child and after considering the factors under sub. (5), the The court may give joint legal custody or sole legal custody of a minor child. to one parent if either of the following applies:

SB107, s. 69 Section 69. 767.24 (2) (a) 1. and 2. of the statutes are created to read:

SB107,24,4 767.24 (2) (a) 1. Both parties agree to sole legal custody with one parent.

SB107,24,6 2. The parental rights of one parent have been terminated under subch. VIII of ch. 48.

SB107, s. 70 Section 70. 767.24 (2) (b) (intro.) of the statutes is amended to read:

SB107,24,9 767.24 (2) (b) (intro.) The court may shall give joint legal custody only if it finds that doing so is in the child's best interest and that if either of the following applies:

SB107, s. 71 Section 71. 767.24 (2) (b) 1. of the statutes is amended to read:

SB107,24,11 767.24 (2) (b) 1. Both parties agree to request joint legal custody.

SB107, s. 72 Section 72. 767.24 (2) (b) 2. (intro.) of the statutes is renumbered 767.24 (2) (b) 2. and amended to read:

SB107,24,16 767.24 (2) (b) 2. The parties do not agree to joint legal custody, but one One party requests joint legal custody and the court specifically finds all of the following: presumption under par. (c) is not created or is rebutted.

SB107, s. 73 Section 73. 767.24 (2) (b) 2. a. to c. of the statutes are repealed.

SB107, s. 74 Section 74. 767.24 (2) (c) of the statutes is created to read:

SB107,25,2 767.24 (2) (c) If one party requests joint legal custody and the other party objects to joint legal custody, on the objection the court is limited to considering whether a party has been convicted of a crime involving abuse, as defined in s. 48.02 (1), of the child, as defined in s. 48.02 (2), or whether a party has been convicted of battery, as described under s. 940.19 or 940.20 (1m), against the other party. Evidence of either conviction creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required. This presumption may be rebutted by clear and convincing evidence that the abuse or battery will not interfere with the parties' ability to cooperate in the future decision making required.

SB107, s. 75 Section 75. 767.24 (2) (d) of the statutes is created to read:

SB107,25,9 767.24 (2) (d) If a presumption under par. (c) is created and the court orders joint custody because the presumption is rebutted, the court may request that the parties submit in writing suggestions as to how the parties may reduce possible sources of conflict, contact or physical proximity between the parties. The court may order the parties to comply with any suggestions that the court considers appropriate and necessary.

SB107, s. 76 Section 76. 767.24 (3) of the statutes is repealed.

SB107, s. 77 Section 77. 767.24 (4) (a) of the statutes is amended to read:

SB107,25,17 767.24 (4) (a) Except as provided under par. (b), if If the court orders sole legal custody because the parties agree to it under sub. (2) (a) 1. or joint legal custody under sub. (2) (b), the court shall allocate periods of physical placement between the parties in accordance with this subsection. In determining the allocation of periods of physical placement, the court shall consider each case on the basis of the factors in sub. (5).

SB107, s. 78 Section 78. 767.24 (4) (b) of the statutes is repealed and recreated to read:

SB107,26,3 767.24 (4) (b) The court shall approve any written schedule for physical placement that the parties agree to and submit to the court. If the parties do not agree on a placement schedule, the court shall require each party to submit a placement proposal. The court shall approve the proposal submitted that sets forth the most equal allocation of periods of physical placement between the parties. If neither party proposes substantially equal periods of physical placement and each party proposes that he or she be awarded physical placement for the greater period of time, the court shall allocate equal alternating periods of physical placement between the parties and shall require that the parties annually alternate spending all of the following with the child:

SB107,26,4 1. New Year's Day.

SB107,26,5 2. Easter.

SB107,26,6 3. Memorial Day.

SB107,26,7 4. Independence Day (July 4).

SB107,26,8 5. Labor Day.

SB107,26,9 6. Thanksgiving Day.

SB107,26,10 7. Christmas Eve.

SB107,26,11 8. Christmas Day.

SB107,26,12 9. New Year's Eve.

SB107,26,13 10. The child's birthday.

SB107, s. 79 Section 79. 767.24 (4) (cm) of the statutes is repealed.

SB107, s. 80 Section 80. 767.24 (4) (d) of the statutes is amended to read:

SB107,26,18 767.24 (4) (d) If the The court grants periods of physical placement to more than one parent, it shall order a parent with legal custody and physical placement rights to provide the notice required under s. 767.327 (1) (2).

SB107, s. 81 Section 81. 767.24 (5) of the statutes is repealed.

SB107, s. 82 Section 82. 767.24 (6) (a) and (am) of the statutes are repealed.

SB107, s. 83 Section 83. 767.24 (6) (b) of the statutes is amended to read: