LRB-4909/1
EAW:cjs
2019 - 2020 LEGISLATURE
December 13, 2019 - Introduced by Representatives Thiesfeldt, Ballweg,
Anderson, Bowen, Quinn, Ramthun, Sortwell, Spiros and Wichgers,
cosponsored by Senators Jacque and L. Taylor. Referred to Committee on
Family Law.
AB672,1,4
1An Act to repeal 767.451 (5m) (c);
to renumber 767.41 (5) (c);
to amend 767.41
2(2) (e) 1. and 767.451 (5m) (a); and
to create 767.41 (5) (c) 2. of the statutes;
3relating to: legal custody and physical placement factors for a child of a service
4member.
Analysis by the Legislative Reference Bureau
Under current law, in determining the legal custody of a child, a court may not
consider whether a service member has been or may be called into active duty and
consequently is or may be absent from his or her home. Under current law, “service
member” is defined as a member of the national guard or a reserve unit of the U.S.
armed forces. Under this bill, “service member,” for the purposes of determining
legal custody and physical placement of a child, means a member of the national
guard, the U.S. armed forces or forces incorporated in the U.S. armed forces, or a
reserve unit of the U.S. armed forces.
This bill also prohibits a court from denying a parent who is a service member
periods of physical placement with his or her child based on past or future
anticipated variability in his or her schedule, living arrangements, or location due
to service in the military.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB672,1
1Section
1. 767.41 (2) (e) 1. of the statutes is amended to read:
AB672,2,42
767.41
(2) (e) 1. In this paragraph, “service member" means a member of the
3national guard
, the U.S. armed forces or forces incorporated in the U.S. armed forces, 4or of a reserve unit of the U.S. armed forces.
AB672,2
5Section
2. 767.41 (5) (c) of the statutes is renumbered 767.41 (5) (c) 1.
AB672,3
6Section
3. 767.41 (5) (c) 2. of the statutes is created to read:
AB672,2,107
767.41
(5) (c) 2. If a parent is a service member, as defined in sub. (2) (e) 1., the
8court may not deny the parent periods of physical placement based on past or future
9anticipated variability in the service member's schedule, living arrangements, or
10location that result from the service member's military service.
AB672,4
11Section 4
. 767.451 (5m) (a) of the statutes is amended to read:
AB672,2,1512
767.451
(5m) (a) Subject to
pars.
par. (b)
and (c), in all actions to modify legal
13custody or physical placement orders, the court shall consider the factors under s.
14767.41 (5) (am), subject to s. 767.41 (5) (bm)
and (c), and shall make its determination
15in a manner consistent with s. 767.41.
AB672,5
16Section 5
. 767.451 (5m) (c) of the statutes is repealed.
