LRB-3711/1
PJK:kjf:pg
2007 - 2008 LEGISLATURE
January 22, 2008 - Introduced by Senators Taylor, Miller, Plale and Schultz,
cosponsored by Representatives Albers, Sinicki, Grigsby and Turner.
Referred to Committee on Judiciary, Corrections, and Housing.
SB406,1,3 1An Act to amend 767.215 (2m) (b), 767.405 (8) (c) and 767.41 (1m) (intro.); and
2to create 767.215 (1) (c) and 767.215 (2m) (a) 3. of the statutes; relating to:
3parenting plans in actions affecting the family.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: Under current law, in an action
affecting the family, such as a divorce or action to determine paternity, in which legal
custody or physical placement is contested, a parent seeking sole or joint legal custody
or periods of physical placement must file a parenting plan with the court before any
pretrial conference. In general, a parent who does not file a parenting plan before the
pretrial conference waives the right to object to the other party's parenting plan. A
parenting plan must provide information relating to issues such as the legal custody or
physical placement the parent is seeking; where the parent lives and intends to live; the
parent's hours of employment; the plan for where the child will attend school; child care
arrangements; decision-making relating to the child; and any proposed child support or
maintenance.
Also, under current law, in an action affecting the family in which it appears that
legal custody is contested, the court must refer the parties to the director of family court
services for possible mediation.

This bill requires the clerk of court to provide parties that have a minor child with
with a copy of the statute relating to parenting plans when they file a petition or receive
a summons for an action affecting the family. The bill also provides that a mediator must
review the nonfinancial provisions of the parenting plan at the initial session of
mediation.
The bill requires parties to file a parenting plan with the court within 60 days after
the court waives the requirement that the parties attend mediation or within 60 days
after the mediator notifies the court that the parties have not reached an agreement,
unless the court orders otherwise.
SB406, s. 1 1Section 1 . 767.215 (1) (c) of the statutes is created to read:
SB406,2,42 767.215 (1) (c) The clerk of court shall provide, without charge, a copy of s.
3767.41 (1m) to each person filing a petition showing that the parties have a minor
4child.
SB406, s. 2 5Section 2 . 767.215 (2m) (a) 3. of the statutes is created to read:
SB406,2,76 767.215 (2m) (a) 3. Shall be accompanied by a copy of s. 767.41 (1m), provided
7without charge by the clerk of court.
Note: Sections 1 and 2 require the clerk of court to provide a copy of the statute
relating to parenting plans to each person who files a petition or receives a summons
initiating an action affecting the family if the petition shows that the parties have a minor
child.
SB406, s. 3 8Section 3 . 767.215 (2m) (b) of the statutes is amended to read:
SB406,2,129 767.215 (2m) (b) If service is by publication, notification regarding s. 948.31
10may consist of references to the statute numbers and titles, and information relating
11to the percentage standard and the factors and completing and filing parenting plans
12need not be provided.
Note: Section 3 provides that if service of the summons is by publication the
statute relating to parenting plans does not have to be included in the publication.
SB406, s. 4 13Section 4 . 767.405 (8) (c) of the statutes is amended to read:
SB406,3,214 767.405 (8) (c) The initial session under par. (a) shall be a screening and
15evaluation mediation session to determine whether mediation is appropriate and
16whether both parties wish to continue in mediation. At the initial session, the

1mediator shall review with the parties the nonfinancial provisions that must be
2included in the parenting plan under s. 767.41 (1m).
Note: Section 4 requires the mediator to review with the parties at the initial
session of mediation the nonfinancial provisions that must be included in the parenting
plan.
SB406, s. 5 3Section 5 . 767.41 (1m) (intro.) of the statutes is amended to read:
SB406,3,174 767.41 (1m) Parenting plan. (intro.) In Unless the court orders otherwise, in
5an action for annulment, divorce, or legal separation, an action to determine
6paternity, or an action under s. 767.001 (1) (e), 767.501, or 767.805 (3), in which legal
7custody or physical placement is contested, a party seeking sole or joint legal custody
8or periods of physical placement shall file a parenting plan with the court before any
9pretrial conference
if the court waives the requirement to attend mediation under s.
10767.405 (8) (b) or if the parties attend mediation and the mediator notifies the court
11under s. 767.405 (12) (b) that the parties have not reached an agreement. Unless the
12court orders otherwise, the parenting plan shall be filed within 60 days after the
13court waives the mediation requirement or the mediator notifies the court that no
14agreement has been reached
. Except for cause shown, a party required to file a
15parenting plan under this subsection who does not timely file a parenting plan
16waives the right to object to the other party's parenting plan. A parenting plan shall
17provide information about the following questions:
Note: Section 5 requires parties to file a parenting plan within 60 days after the
court waives the requirement to attend mediation or within 60 days after the mediator
notifies the court that the parties have not reached an agreement, unless the court orders
otherwise. Under current law, the parenting plan must be filed before any pretrial
conference.
SB406, s. 6 18Section 6 . Initial applicability.
SB406,4,3
1(1) This act first applies to actions commenced on the effective date of this
2subsection, including actions to enforce or modify a judgment or order that was
3granted before the effective date of this subsection.
Note: Section 6 provides that the provisions of the act first apply to actions
affecting the family commenced on the effective date of the act.
SB406,4,44 (End)
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