SB586: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB586, s. 1 Section 1. 767.001 (3) of the statutes is amended to read:

SB586,5,6 767.001 (3) "Mediation" means a cooperative process involving the parties and a mediator, the purpose of which is to help the parties, by applying communication and dispute resolution skills, define and resolve their own disagreements, with the best interest of the child as the paramount consideration in a manner consistent with s. 767.24.

SB586, s. 2 Section 2. 767.045 (4) of the statutes is amended to read:

SB586,6,15 767.045 (4) Responsibilities. The guardian ad litem shall be an advocate for protecting the welfare of a minor child and for the best interests of a the minor child as to paternity,; legal custody , and physical placement, consistent with s. 767.24; and support. The guardian ad litem shall function independently, in the same manner as an attorney for a party to the action, and shall consider, but shall not be bound by, the wishes of the minor child or the positions of others as to the best interests of the minor child. The guardian ad litem shall consider the factors under s. 767.24 (5) (am), subject to s. 767.24 (5) (bm), and custody studies under s. 767.11 (14). The guardian ad litem shall investigate whether there is evidence that either parent has engaged in interspousal battery, as described in s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), and shall report to the court on the results of the investigation. The guardian ad litem shall review and comment to the court on any mediation agreement and stipulation made under s. 767.11 (12) and on any parenting plan filed under s. 767.24 (1m). Unless the child otherwise requests, the guardian ad litem shall communicate to the court the wishes of the child as to the child's legal custody or physical placement under s. 767.24 (5) (am) 2. The guardian ad litem has none of the rights or duties of a general guardian.

SB586, s. 3 Section 3. 767.11 (10) (intro.) of the statutes is amended to read:

SB586,6,19 767.11 (10) Powers and duties of mediator. (intro.) A mediator assigned under sub. (6) (a) shall be guided by the best interest of the child s. 767.24 and may do any of the following, at his or her discretion:

SB586, s. 4 Section 4. 767.11 (12) (a) of the statutes is amended to read:

SB586,7,8 767.11 (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, 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 consistent with s. 767.24 based on the information presented to the mediator and accurately reflects the agreement made between the parties. The court may approve or reject the agreement, based on the best interest of the child whether the agreement is consistent with s. 767.24. The court shall state in writing its reasons for rejecting an agreement.

SB586, s. 5 Section 5. 767.23 (1n) (a) of the statutes is amended to read:

SB586,7,15 767.23 (1n) (a) Before making any temporary order under sub. (1), the court or circuit court commissioner shall consider those factors and other information that the court is required by this chapter to consider before entering a final judgment on the same subject matter. In making a determination under sub. (1) (a) or (am), the court or circuit court commissioner shall consider the factors under s. 767.24 (5) (am), subject to s. 767.24 (5) (bm).

SB586, s. 6 Section 6. 767.24 (1m) (intro.) of the statutes is amended to read:

SB586,8,2 767.24 (1m) Parenting plan. (intro.) In an action for annulment, divorce, or legal separation, an action to determine paternity, or an action under s. 767.02 (1) (e) or 767.62 (3) in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court at or before any pretrial conference the party's first appearance before the court or circuit court commissioner. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. In preparing a parenting plan, a party shall consider all facts relevant to the best interest of the child and the factors under sub. (5) (am) 1. to 15., subject to sub. (5) (bm). A parenting plan shall provide information about the following questions:

SB586, s. 7 Section 7. 767.24 (4) (a) 2. of the statutes is amended to read:

SB586,8,12 767.24 (4) (a) 2. In Except as provided in par. (b), in determining the allocation of periods of physical placement, the court shall consider each case on the basis of the factors in sub. (5) (am), subject to sub. (5) (bm). The parenting plan or plans filed with the court under sub. (1m). Except as provided in par. (b), the court shall set a placement schedule that allows the child to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes equalizes to the highest degree possible the amount of time the child may spend with each parent, taking into account geographic separation and accommodations for different households.

SB586, s. 8 Section 8. 767.24 (4) (b) of the statutes is amended to read:

SB586,8,22 767.24 (4) (b) A child is entitled to periods of physical placement with both parents as provided in par. (a) 2., unless, after a hearing, the court finds that physical placement with a parent would endanger the child's physical, mental , or emotional health. If the court finds by clear and convincing evidence that a placement schedule determined as provided in par. (a) 2. would endanger the child's physical, mental, or emotional health, the court shall consider the factors under sub. (5) (am), subject to sub. (5) (bm), and set a placement schedule that protects and promotes the general welfare and best interests of the child, which may include denying a parent periods of physical placement.

SB586, s. 9 Section 9. 767.24 (5) (am) (intro.) of the statutes is amended to read:

SB586,9,6 767.24 (5) (am) (intro.) Subject to par. (bm), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The In determining legal custody and periods of physical placement, the court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to par. (bm), in determining legal custody and, if sub. (4) (b) applies, periods of physical placement, the court shall consider the following factors in making its determination:

SB586, s. 10 Section 10. 767.24 (6) (a) of the statutes is amended to read:

SB586,9,12 767.24 (6) (a) If legal custody or physical placement is contested and the court orders sole legal custody or a placement schedule that does not equalize to the highest degree possible the amount of time that the child may spend with each parent, the court shall state in writing why its findings the reasons for its decision relating to legal custody or physical placement are in the best interest of the child.

SB586, s. 11 Section 11. 767.325 (1) (title) of the statutes is repealed.

SB586, s. 12 Section 12. 767.325 (1) (a) of the statutes is renumbered 767.325 (1), and 767.325 (1) (intro.), as renumbered, is amended to read:

SB586,9,21 767.325 (1) Within Modification within 2 years after initial order. (intro.) Except as provided under sub. (2), a A court may not modify any of the following orders before 2 years after the initial order is entered under s. 767.24, unless a party seeking the modification, upon petition, motion, or order to show cause shows by substantial evidence that the modification is necessary because the current custodial conditions are physically or emotionally harmful to the best interest of the child:

SB586, s. 13 Section 13. 767.325 (1) (b) of the statutes is repealed.

SB586, s. 14 Section 14. 767.325 (2) of the statutes is repealed.

SB586, s. 15 Section 15. 767.325 (2c) (title) of the statutes is created to read:

SB586,9,25 767.325 (2c) (title) Modification after 2-year period.

SB586, s. 16 Section 16. 767.325 (2m) of the statutes is amended to read:

SB586,10,9 767.325 (2m) Modification of periods of physical placement for failure to exercise physical placement. Notwithstanding subs. sub. (1) and (2), upon petition, motion, or order to show cause by a party, a court may modify an order of physical placement at any time with respect to periods of physical placement if it finds that a parent has repeatedly and unreasonably failed to exercise periods of physical placement awarded under an order of physical placement that allocates specific times for the exercise of periods of physical placement. Subsection (2c) does not apply to a modification under this subsection.

SB586, s. 17 Section 17. 767.325 (3) of the statutes is amended to read:

SB586,10,16 767.325 (3) Modification of other physical placement orders. Except as provided under subs. (1) and (2) sub. (1), upon petition, motion, or order to show cause by a party, a court may modify an order of physical placement which in a manner that does not substantially alter the amount of time that a parent may spend with his or her child if the court finds that the modification is in the best interest of the child. Subsection (2c) does not apply to a modification under this subsection.

SB586, s. 18 Section 18. 767.325 (5m) (title) of the statutes is repealed.

SB586, s. 19 Section 19. 767.325 (5m) of the statutes, as affected by 2005 Wisconsin Act 101, is renumbered 767.325 (2c) (a) and amended to read:

SB586,10,23 767.325 (2c) (a) Subject to par. (b), except as provided in subs. (1), (2m), and (3), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.24 (5) (am), subject to s. 767.24 (5) (bm), and shall make its determination in a manner consistent with s. 767.24.

SB586, s. 20 Section 20. 767.325 (5m) (b) of the statutes, as created by 2005 Wisconsin Act 101, is renumbered 767.325 (2c) (b) and amended to read:

SB586,11,5 767.325 (2c) (b) In determining the best interest of the child under this section, in addition to the factor under s. 767.24 (5) (am) 12m., the court shall consider whether a stepparent of the child has a criminal record and whether there is evidence that a stepparent of the child has engaged in abuse, as defined in s. 813.122 (1) (a), of the child or any other child or neglected the child or any other child.

SB586, s. 21 Section 21. 767.325 (6m) of the statutes is amended to read:

SB586,11,10 767.325 (6m) Parenting plan. In any action to modify a legal custody or physical placement order under sub. (1) or (2c), the court may require the party seeking the modification to file with the court a parenting plan under s. 767.24 (1m) before any hearing is held.

SB586, s. 22 Section 22. Initial applicability.

SB586,11,14 (1) This act first applies to actions or proceedings, including actions or proceedings to modify a judgment or order previously granted, that are commenced on the effective date of this subsection.

SB586,11,15 (End)