SB107,26,1816 767.24 (4) (d) If the The court grants periods of physical placement to more than
17one parent, it
shall order a parent with legal custody and physical placement rights
18to provide the notice required under s. 767.327 (1) (2).
SB107, s. 81 19Section 81. 767.24 (5) of the statutes is repealed.
SB107, s. 82 20Section 82. 767.24 (6) (a) and (am) of the statutes are repealed.
SB107, s. 83 21Section 83. 767.24 (6) (b) of the statutes is amended to read:
SB107,27,222 767.24 (6) (b) Notwithstanding s. 767.001 (1s), in making an order of If the
23court awards
joint legal custody, the court may give one party parties may stipulate
24that one party has the
sole power to make specified decisions, while both parties

1retain equal rights and responsibilities for other decisions. The court shall
2incorporate the terms of the stipulation into the final judgment or order.
SB107, s. 84 3Section 84. 767.24 (6) (bm) of the statutes is created to read:
SB107,27,94 767.24 (6) (bm) If the court awards joint legal custody, the parties may stipulate
5to the primary care physicians for a minor child, and the court shall incorporate the
6terms of the stipulation into the final judgment or order. If the parties do not agree
7on the primary care physicians, the court may specify the primary care physicians
8for a minor child after considering the child's present health care and health
9insurance arrangements and any orders made by the court under s. 767.25 (4m).
SB107, s. 85 10Section 85. 767.24 (6) (c) of the statutes is amended to read:
SB107,27,1611 767.24 (6) (c) In making an order of joint legal custody and periods of physical
12placement, the
The court may specify one parent as the primary caretaker of the
13child and one home as the primary home of the child, for the purpose of determining
14eligibility for aid under s. 49.19 or benefits under ss. 49.141 to 49.161 or for any other
15purpose the court considers appropriate
only if both parents are dependent persons,
16as defined in s. 49.01 (2)
.
SB107, s. 86 17Section 86. 767.245 (1) of the statutes is amended to read:
SB107,27,2418 767.245 (1) Except as provided in sub. (2m), upon petition by a grandparent,
19greatgrandparent, stepparent or person who has maintained a relationship similar
20to a parent-child relationship with the child, the court may grant reasonable
21visitation rights to that person if the parents have notice of the hearing and if the
22court determines that by a preponderance of the evidence that the visitation is in the
23best interest of the child
not harmful to the child or to the child's relationship with
24either of the child's parents
.
SB107, s. 87 25Section 87. 767.245 (2) of the statutes is repealed.
SB107, s. 88
1Section 88. 767.245 (3) (intro.) of the statutes is amended to read:
SB107,28,52 767.245 (3) (intro.) The court may grant reasonable visitation rights, with
3respect to a child, to a grandparent of the child if the child's parents have notice of
4the hearing and the court determines, by a preponderance of the evidence, all of the
5following:
SB107, s. 89 6Section 89. 767.245 (3) (f) of the statutes is amended to read:
SB107,28,87 767.245 (3) (f) The visitation is in the best interest of the child not harmful to
8the child or to the child's relationship with either of the child's parents
.
SB107, s. 90 9Section 90. 767.245 (3m) (c) of the statutes is amended to read:
SB107,28,1210 767.245 (3m) (c) If a party or the any guardian ad litem appointed under s.
1148.235
refuses to accept a recommendation under this subsection, the action shall be
12set for trial.
SB107, s. 91 13Section 91. 767.25 (1m) (hm) of the statutes is repealed.
SB107, s. 92 14Section 92. 767.25 (2) of the statutes is amended to read:
SB107,28,1815 767.25 (2) The court may protect and promote the best interests of the minor
16children by setting
set aside a portion of the child support which either party is
17ordered to pay in a separate fund or trust for the support, education and welfare of
18such children.
SB107, s. 93 19Section 93. 767.255 (1) of the statutes is amended to read:
SB107,29,320 767.255 (1) Upon every judgment of annulment, divorce or legal separation, or
21in rendering a judgment in an action under s. 767.02 (1) (h), the court shall divide
22the property of the parties and divest and transfer the title of any such property
23accordingly. A certified copy of the portion of the judgment that affects title to real
24estate shall be recorded in the office of the register of deeds of the county in which
25the lands so affected are situated. The court may protect and promote the best

1interests of the children by setting
set aside a portion of the property of the parties
2in a separate fund or trust for the support, maintenance, education and general
3welfare of any minor children of the parties.
SB107, s. 94 4Section 94. 767.265 (3h) of the statutes, as affected by 1997 Wisconsin Act 191,
5is amended to read:
SB107,29,226 767.265 (3h) A person who receives notice of assignment under this section or
7s. 767.23 (1) (L) (1c) (i), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. or similar
8laws of another state shall withhold the amount specified in the notice from any
9money that person pays to the payer later than one week after receipt of notice of
10assignment. Within 5 days after the day the person pays money to the payer, the
11person shall send the amount withheld to the clerk of court or support collection
12designee, whichever is appropriate, of the jurisdiction providing notice or, in the case
13of an amount ordered withheld for health care expenses, to the appropriate health
14care insurer, provider or plan. With each payment sent to the clerk of court or support
15collection designee, the person from whom the payer receives money shall report to
16the clerk or support collection designee the payer's gross income or other gross
17amount from which the payment was withheld. Except as provided in sub. (3m), for
18each payment sent to the clerk of court or support collection designee, the person
19from whom the payer receives money shall receive an amount equal to the person's
20necessary disbursements, not to exceed $3, which shall be deducted from the money
21to be paid to the payer. Section 241.09 does not apply to assignments under this
22section.
SB107, s. 95 23Section 95. 767.265 (4) of the statutes is amended to read:
SB107,30,3
1767.265 (4) A withholding assignment or order under this section or s. 767.23
2(1) (L) (1c) (i), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. has priority over any
3other assignment, garnishment or similar legal process under state law.
SB107, s. 96 4Section 96. 767.265 (6) (a) of the statutes, as affected by 1997 Wisconsin Act
5191
, is amended to read:
SB107,30,146 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of
7assignment the person from whom the payer receives money fails to withhold the
8money or send the money to the clerk of court or support collection designee or the
9appropriate health care insurer, provider or plan as provided in this section or s.
10767.23 (1) (L) (1c) (i), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3., the person
11may be proceeded against under the principal action under ch. 785 for contempt of
12court or may be proceeded against under ch. 778 and be required to forfeit not less
13than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1%
14of the amount not withheld or sent.
SB107, s. 97 15Section 97. 767.265 (6) (b) of the statutes, as affected by 1997 Wisconsin Act
16191
, is amended to read:
SB107,30,2217 767.265 (6) (b) If an employer who receives an assignment under this section
18or s. 767.23 (1) (L) (1c) (i), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. fails to
19notify the clerk of court or support collection designee, whichever is appropriate,
20within 10 days after an employe is terminated or otherwise temporarily or
21permanently leaves employment, the employer may be proceeded against under the
22principal action under ch. 785 for contempt of court.
SB107, s. 98 23Section 98. 767.265 (6) (c) of the statutes is amended to read:
SB107,31,724 767.265 (6) (c) No employer may use an assignment under this section or s.
25767.23 (1) (L) (1c) (i), 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. as a basis for

1the denial of employment to a person, the discharge of an employe or any disciplinary
2action against an employe. An employer who denies employment or discharges or
3disciplines an employe in violation of this paragraph may be fined not more than
4$500 and may be required to make full restitution to the aggrieved person, including
5reinstatement and back pay. Except as provided in this paragraph, restitution shall
6be in accordance with s. 973.20. An aggrieved person may apply to the district
7attorney or to the department for enforcement of this paragraph.
SB107, s. 99 8Section 99. 767.325 (1) of the statutes is repealed and recreated to read:
SB107,31,119 767.325 (1) Modifications. (a) The court shall modify an order of physical
10placement in a way that alters the time a parent may spend with his or her child or
11an order of legal custody if any of the following applies:
SB107,31,1312 1. A parent requests a modification and the current order is not in conformity
13with s. 767.24.
SB107,31,1514 2. The parental rights of a parent have been terminated under subch. VIII of
15ch. 48.
SB107,31,1616 3. The parties agree to a modification.
SB107,31,1717 (b) A modification under this subsection shall be consistent with s. 767.24.
SB107, s. 100 18Section 100. 767.325 (2) of the statutes is repealed.
SB107, s. 101 19Section 101. 767.325 (3) of the statutes is repealed.
SB107, s. 102 20Section 102. 767.325 (4) of the statutes is repealed.
SB107, s. 103 21Section 103. 767.327 of the statutes is repealed and recreated to read:
SB107,32,3 22767.327 Moving the child's residence outside the school district and
23other removals.
(1) Except as provided in sub. (5), if both parents of a child in an
24action affecting the family are awarded physical placement rights to the child,
25neither parent may establish a legal residence for the child outside the school district

1in which the child resided on the 180th day before the commencement of the action
2affecting the family, or since birth if the child is less than 6 months old, or other school
3district agreed upon by the parties.
SB107,32,10 4(2) (a) A parent specified in sub. (1) who wishes to establish his or her legal
5residence outside the state or at any location within the state that is at a distance
6of 150 miles or more from the school district in which the child resided on the 180th
7day before the commencement of the action affecting the family, or since birth if the
8child is less than 6 months old, or other school district agreed upon by the parties,
9shall provide not less than 60 days' written notice to the other parent, with a copy
10to the court, of his or her intent regarding changing his or her legal residence.
SB107,32,1411 (b) The parent shall send the notice under par. (a) by certified mail. The notice
12shall state the parent's proposed action, including the specific date and location of
13the move, and that the other parent may request a modification to the physical
14placement order as provided in sub. (3).
SB107,32,18 15(3) If the proposed move under sub. (2) would make it difficult or impractical
16for the parties to comply with the physical placement order and at the same time for
17the child to remain in the same school district, either party may file a petition, motion
18or order to show cause for modification of the physical placement order.
SB107,32,23 19(4) (a) If after a notice under sub. (2) has been sent or a petition, motion or order
20to show cause under sub. (3) has been filed the parties agree to a modification of the
21physical placement order or to a change in the child's school district and file a
22stipulation with the court, the court shall approve the agreement and incorporate the
23terms of the stipulation into a revised order.
SB107,33,3
1(b) If the parties do not agree to a modification after a petition, motion or order
2to show cause under sub. (3) has been filed, the court may modify the physical
3placement order, subject to all of the following:
SB107,33,74 1. The parent not proposing the move shall be awarded periods of physical
5placement that include weekdays and weeknights when school is in session, at least
6one weekend per month, at least 4 weeks during the summer months when school
7is not in session and alternating holidays.
SB107,33,98 2. The parent proposing the move shall be awarded the maximum amount of
9physical placement that is reasonable under the circumstances.
SB107,33,1110 3. The parent proposing the move shall be responsible for the transportation
11costs of exercising his or her physical placement rights.
SB107,33,16 12(5) The court may allow a parent specified in sub. (1) to establish a legal
13residence for the child outside the school district in which the child resided on the
14180th day before the commencement of the action affecting the family, or since birth
15if the child is less than 6 months old, or other school district agreed upon by the
16parties, if all of the following apply:
SB107,33,1817 (a) The parent desiring to establish a different legal residence for the child files
18a petition, motion or order to show cause for that purpose.
SB107,33,2019 (b) The other parent has notice of the hearing on the petition, motion or order
20to show cause.
SB107,33,2421 (c) The parent desiring to establish a different legal residence for the child
22shows by clear and convincing evidence that, for a period of at least one year, the
23other parent has exercised his or her physical placement rights for less than 10% of
24the amount of time that he or she was awarded by the court.
SB107,34,8
1(6) Notwithstanding sub. (1), if both parents specified in sub. (1) wish to
2establish their legal residences or a legal residence for the child outside the current
3school district of the child and do not agree on a new school district for the child, the
4court may designate one of the new legal residences of the parents as the child's legal
5residence for the purpose of establishing a new school district for the child. In
6making the determination under this subsection, the court shall specify as the child's
7legal residence the location that the court determines will maximize the amount of
8time that each parent may spend with the child.
SB107,34,15 9(7) Notwithstanding sub. (1), if a parent specified in sub. (1) has established
10his or her legal residence outside the state or at a location within the state that is at
11a distance of 150 miles or more from the child's current school district, the court may
12allow the parent whose legal residence is in the child's current school district to
13establish a legal residence for the child outside the child's current school district if
14the move does not increase the distance between the child and the other parent and
15the other parent does not wish to move back to the child's current school district.
SB107,34,18 16(8) Unless the parents agree otherwise, a parent with legal custody and
17physical placement rights shall notify and obtain the written approval of the other
18parent before removing the child from the state for a period of 14 days or more.
SB107, s. 104 19Section 104. 767.33 (1m) (a) of the statutes is renumbered 767.33 (1m) and
20amended to read:
SB107,34,2421 767.33 (1m) Except as provided in par. (b), this This section applies only to an
22order under s. 767.23 or 767.25 in which payment is expressed as a fixed sum. It does
23not apply to such an order in which payment is expressed as a percentage of parental
24income.
SB107, s. 105 25Section 105. 767.33 (1m) (b) of the statutes is repealed.
SB107, s. 106
1Section 106. 767.45 (1) (d) of the statutes is amended to read:
SB107,35,52 767.45 (1) (d) A man alleged or alleging himself to be the father of the child,
3including a man against whom an action was dismissed under s. 767.458 (1m), 1997
4stats., or 767.463, 1997 stats., before the effective date of this paragraph .... [revisor
5inserts date]
.
SB107, s. 107 6Section 107. 767.45 (1) (i) of the statutes is amended to read:
SB107,35,87 767.45 (1) (i) A guardian ad litem appointed for the child under s. 48.235,
8767.045 (1) (c) (2) (a) or 938.235.
SB107, s. 108 9Section 108. 767.45 (2) of the statutes is repealed.
SB107, s. 109 10Section 109. 767.458 (1) (b) of the statutes is amended to read:
SB107,35,1611 767.458 (1) (b) If the respondent is unable to afford counsel due to indigency,
12and the petitioner is represented by a government attorney under s. 767.45 (1) (g) or
13(6) or the action is commenced on behalf of the child by an attorney appointed under
14s. 767.045 (1) (c) (2) (a), counsel shall be appointed for the respondent as provided in
15s. 767.52 and ch. 977, unless the respondent knowingly and voluntarily waives the
16appointment of counsel;
SB107, s. 110 17Section 110. 767.458 (1) (c) of the statutes is amended to read:
SB107,35,2118 767.458 (1) (c) Except as provided under sub. (1m) and s. 767.463, the The
19respondent may request the administration of genetic tests which either
20demonstrate that he is not the father of the child or which demonstrate the
21probability that he is or is not the father of the child;
SB107, s. 111 22Section 111. 767.458 (1) (d) of the statutes is amended to read:
SB107,35,2423 767.458 (1) (d) Except as provided in subs. (1m) and (2) and s. 767.463, the The
24court will order genetic tests upon the request of any party; and
SB107, s. 112 25Section 112. 767.458 (1m) of the statutes is repealed.
SB107, s. 113
1Section 113. 767.46 (2) (c) of the statutes is amended to read:
SB107,36,52 767.46 (2) (c) If the alleged father voluntarily acknowledges paternity of the
3child, that he agree to the duty of support, the legal custody of the child, periods of
4physical placement of the child and other matters as determined to be in the best
5interests of the child
by the court.
SB107, s. 114 6Section 114. 767.46 (4) of the statutes is amended to read:
SB107,36,117 767.46 (4) If a party or the any guardian ad litem appointed under s. 48.235
8or 767.475 (1)
refuses to accept a recommendation made under this section and
9genetic tests have not yet been taken, the court shall require the appropriate parties
10to submit to genetic tests. After the genetic tests have been taken the court shall
11make an appropriate final recommendation.
SB107, s. 115 12Section 115. 767.46 (5) of the statutes is amended to read:
SB107,36,1513 767.46 (5) If the any guardian ad litem appointed under s. 48.235 or 767.475
14(1)
or any party refuses to accept any final recommendation, the action shall be set
15for trial.
SB107, s. 116 16Section 116. 767.463 of the statutes is repealed.
SB107, s. 117 17Section 117. 767.465 (2m) (a) of the statutes is amended to read:
SB107,36,2418 767.465 (2m) (a) At any time after service of the summons and petition, a
19respondent who is the alleged father may, with or without appearance in court and
20subject to the approval of the court
, in writing acknowledge that he has read and
21understands the notice under s. 767.455 (5g) and stipulate that he is the father of the
22child and for child support payments, legal custody and physical placement. The
23court may not approve a stipulation for child support unless it provides for payment
24of child support determined in a manner consistent with s. 767.25 or 767.51.
SB107, s. 118
1Section 118. 767.475 (1) (a) of the statutes is renumbered 767.475 (1) and
2amended to read:
SB107,37,63 767.475 (1) Except as provided in par. (b), the court may appoint a guardian
4ad litem for the child and
The court shall appoint a guardian ad litem for a minor
5parent or minor who is alleged to be a parent in a paternity proceeding unless the
6minor parent or the minor alleged to be the parent is represented by an attorney.
SB107, s. 119 7Section 119. 767.475 (1) (b) of the statutes is repealed.
SB107, s. 120 8Section 120. 767.51 (3) of the statutes is amended to read:
SB107,37,249 767.51 (3) A judgment or order determining paternity may contain any other
10provision directed against the appropriate party parties to the proceeding,
11concerning the duty of support, the legal custody and guardianship of the child,
12periods of physical placement, the furnishing of bond or other security for the
13payment of the judgment, or any other matter in the best interest of the child. Unless
14the court orders otherwise, if there is no presumption of paternity under s. 891.41
15(1) the mother shall have sole legal custody of the child
. The court shall order either
16party or both to pay for the support of any child of the parties who is less than 18 years
17old, or any child of the parties who is less than 19 years old if the child is pursuing
18an accredited course of instruction leading to the acquisition of a high school diploma
19or its equivalent. The judgment or order may direct the father to pay or contribute
20make an equal contribution to the reasonable expenses of the mother's pregnancy
21and confinement during pregnancy and may shall direct either party both parties to
22pay or contribute to the costs of genetic tests, attorney fees and other costs.
23Contributions to the costs of genetic tests shall be paid to the county which paid for
24the genetic tests.
SB107, s. 121 25Section 121. 767.51 (4) of the statutes is amended to read:
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