7. Finally, the bill provides that, if the court does not prohibit the move or
removal, the court must require parent A to pay for any additional transportation
costs that parent B incurs in exercising physical placement with the child as a result
of the move or removal.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB400, s. 1
1Section
1. 767.327 (1) (a) 2. of the statutes is amended to read:
AB400,3,42
767.327
(1) (a) 2.
Establish Except as provided in subd. 2m., establish his or
3her legal residence with the child at any location within this state that is at a distance
4of 150 miles or more from the other parent.
AB400, s. 2
5Section
2. 767.327 (1) (a) 2m. of the statutes is created to read:
AB400,3,86
767.327
(1) (a) 2m. If the parent's current residence is less than 20 miles from
7the other parent, establish his or her legal residence with the child at any location
8within this state that is at a distance of 20 miles or more from the other parent.
AB400, s. 3
9Section
3. 767.327 (2) (b) of the statutes is renumbered 767.327 (2) (b) 1.
AB400, s. 4
10Section
4. 767.327 (2) (b) 2. of the statutes is created to read:
AB400,4,211
767.327
(2) (b) 2. If a parent under subd. 1. moves with or removes the child
12in violation of subd. 1., the court shall find the parent in contempt of court under ch.
13785, upon the motion of the parent filing the notice of objection under par. (a), and
14shall order the parent under subd. 1. to pay the court costs and, notwithstanding s.
1814.04 (1), reasonable attorney fees incurred by the parent filing the notice of
2objection.
AB400, s. 5
3Section
5. 767.327 (3) (a) 1. (intro.) of the statutes is amended to read:
AB400,4,114
767.327
(3) (a) 1. (intro.) Except as provided under par. (b), if the parent
5proposing the move or removal has sole legal or joint legal custody of the child and
6has physical placement with the child
resides with that parent for the greater period 7for at least 90 percent of time, the parent objecting to the move or removal may file
8a petition, motion
, or order to show cause for modification of the legal custody or
9physical placement order affecting the child. The court may modify the legal custody
10or physical placement order if, after considering the factors under sub. (5), the court
11finds all of the following:
AB400, s. 6
12Section
6. 767.327 (3) (a) 2. a. of the statutes is amended to read:
AB400,4,1813
767.327
(3) (a) 2. a. There is a rebuttable presumption that continuing the
14current allocation of decision making under a legal custody order or continuing the
15child's current allocation of physical placement
with the parent with whom the child
16resides for the greater period of time is in the best interest of the child. This
17presumption may be overcome by a showing that the move or removal is
18unreasonable and not in the best interest of the child.
AB400, s. 7
19Section
7. 767.327 (3) (b) 1. (intro.) of the statutes is amended to read:
AB400,5,220
767.327
(3) (b) 1. (intro.) If the
parents have parent proposing the move or
21removal has sole legal or joint legal custody
of the child and
substantially equal
22periods of has physical placement with the child
for less than 90 percent of the time,
23either parent may file a petition, motion
, or order to show cause for modification of
24the legal custody or physical placement order. The court
may shall modify an order
1of legal custody or physical placement if, after considering the factors under sub. (5),
2the court finds all of the following:
AB400, s. 8
3Section
8. 767.327 (3) (b) 1. a. of the statutes is amended to read:
AB400,5,64
767.327
(3) (b) 1. a. Circumstances make it impractical for the parties to
5continue
to have substantially equal periods the current allocation of physical
6placement.
AB400, s. 9
7Section
9. 767.327 (3) (b) 1m. of the statutes is created to read:
AB400,5,108
767.327
(3) (b) 1m. With respect to subd. 1., there is a rebuttable presumption
9that it is in the child's best interest to remain in the community to which the child
10has become adjusted before the proposed move or removal.
AB400, s. 10
11Section
10. 767.327 (3) (b) 2. of the statutes is amended to read:
AB400,5,1312
767.327
(3) (b) 2. Under this paragraph, the burden of proof is on the parent
13filing the petition, motion or order to show cause
proposing the move or removal.
AB400, s. 11
14Section
11. 767.327 (3) (c) 1. of the statutes is amended to read:
AB400,5,2415
767.327
(3) (c) 1. If the parent proposing the move or removal has sole legal or
16joint legal custody of the child
and the child resides with that parent for the greater
17period of time or the parents have substantially equal periods of physical placement
18with the child, regardless of the allocation of physical placement, as an alternative
19to the petition, motion
, or order to show cause under par. (a) or (b), the parent
20objecting to the move or removal may file a petition, motion
, or order to show cause
21for an order prohibiting the move or removal. The court
may shall prohibit the move
22or removal
if unless, after considering the factors under sub. (5), the court finds that
23the prohibition is in prohibiting the move or removal would be harmful to the best
24interest of the child.
AB400, s. 12
25Section
12. 767.327 (3) (c) 2. of the statutes is amended to read:
AB400,6,2
1767.327
(3) (c) 2. Under this paragraph, the burden of proof is on the parent
2objecting to proposing the move or removal.
AB400, s. 13
3Section
13. 767.327 (4m) of the statutes is created to read:
AB400,6,84
767.327
(4m) Payment of additional transportation costs. If the court does
5not prohibit the move or removal, the court shall require the parent proposing the
6move or removal to pay for any additional transportation costs that the other parent
7will, as a result of the move or removal, incur in exercising periods of physical
8placement with the child.
AB400, s. 14
9Section
14. 767.327 (5m) of the statutes is repealed.
AB400,6,1311
(1) The treatment of section 767.327 (1) (a) 2. and 2m. of the statutes first
12applies to orders requiring parents to provide written notice of an intention to move
13with or remove a child that are made on the effective date of this subsection.
AB400,6,1814
(2) The treatment of section 767.327 (3) (a) 1. (intro.) and 2. a., (b) 1. (intro.) and
15a., 1m., and 2., and (c) 1. and 2., (4m), and (5m) of the statutes, the renumbering of
16section 767.327 (2) (b) of the statutes, and the creation of section 767.327 (2) (b) 2.
17of the statutes first apply to moves or removals for which written notice is required
18on the effective date of this subsection.