LRB-0411/2
SWB:emw&cjs
2019 - 2020 LEGISLATURE
March 22, 2019 - Introduced by Joint Legislative Council. Referred to Committee
on Family Law.
AB99,1,4 1An Act to repeal 767.41 (1m) (g) and 767.41 (1m) (n); to amend 767.405 (8) (c)
2and 767.41 (1m) (intro.); and to create 767.405 (8) (d) and 767.41 (1m) (cm) of
3the statutes; relating to: proposed parenting plans in certain actions affecting
4the 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: This bill was prepared for the Joint
Legislative Council's Study Committee on Child Placement and Support. Under current
law, in any action affecting the family in which legal custody or physical placement is
contested, the parties are required to attend at least one session of mediation, unless a
court finds that attending mediation will cause undue hardship or would endanger the
health or safety of one of the parties and waives the mediation requirement. If after the
initial session the mediator notifies the court that no agreement has been reached, or if
mediation has been waived, the parties must each file a parenting plan with the court
within 60 days. A parenting plan must provide certain information, including what legal
custody or physical placement the parent is seeking, where the parent lives currently and
intends to live during the next 2 years, where the parent works and the hours of

employment, who will provide necessary child care and who will pay for it, a proposed
summer and holiday placement schedule, whether and how the child may contact the
other parent, what child support, family support, maintenance, or other income transfer
there will be, and how the child's medical expenses will be paid.
The bill requires parties who are directed to participate in an initial mediation
session to submit their proposed parenting plans to family court services or the assigned
mediator at least 10 days before the initial mediation session. The parties may, but are
not required to, exchange proposed parenting plans before the initial mediation session.
Proposed parenting plans may be submitted and exchanged electronically. The bill
removes from the required parenting plan information about what child support, family
support, maintenance, or other income transfer there will be, and how the child's medical
expenses will be paid. The bill adds a requirement that proposed parenting plans must
include, with specific detail, what proposed variable costs are expected to be incurred by
or on behalf of the child. The bill maintains the separate requirement for the parties to
each file a parenting plan with the court if no agreement was reached in mediation or if
mediation was waived.
AB99,1 1Section 1. 767.405 (8) (c) of the statutes is amended to read:
AB99,2,72 767.405 (8) (c) The initial session under par. (a) shall be a screening and
3evaluation mediation session to determine whether mediation is appropriate and
4whether both parties wish to continue in mediation. At the initial session, the
5mediator shall review discuss with each of the parties the nonfinancial provisions
6that must be information included in the proposed parenting plan plans under s.
7767.41 (1m).
AB99,2 8Section 2 . 767.405 (8) (d) of the statutes is created to read:
AB99,2,159 767.405 (8) (d) At least 10 days before the initial mediation session, each party
10shall submit a proposed parenting plan containing all the information required
11under s. 767.41 (1m) to the director of family court services for the county in which
12the action is pending or the assigned mediator. The parties may exchange proposed
13parenting plans before the initial mediation session. For purposes of the exchange
14and submission under this paragraph, a party may provide a copy of the party's
15proposed parenting plan electronically.
AB99,3 16Section 3. 767.41 (1m) (intro.) of the statutes is amended to read:
AB99,3,14
1767.41 (1m) Parenting plan. (intro.) Unless the court orders otherwise, in an
2action for annulment, divorce, or legal separation, an action to determine paternity,
3or an action under s. 767.001 (1) (e), 767.501, or 767.805 (3), in which legal custody
4or physical placement is contested, a party seeking sole or joint legal custody or
5periods of physical placement shall file a proposed parenting plan with the court if
6the court waives the requirement to attend mediation under s. 767.405 (8) (b) or if
7the parties attend have attended mediation and the mediator notifies the court
8under s. 767.405 (12) (b) that the parties have not reached an agreement. Unless the
9court orders otherwise, the proposed parenting plan shall be filed within 60 days
10after the court waives the mediation requirement or the mediator notifies the court
11that no agreement has been reached. Except for cause shown, a party required to file
12a proposed parenting plan under this subsection who does not timely file a proposed
13parenting plan waives the right to object to the other party's parenting plan. A
14proposed parenting plan shall provide information about the following questions:
AB99,3 15Section 3. 767.41 (1m) (cm) of the statutes is created to read:
AB99,3,1716 767.41 (1m) (cm) With specific detail, what proposed variable costs are
17expected to be incurred by or on behalf of the child.
AB99,4 18Section 4. 767.41 (1m) (g) of the statutes is repealed.
AB99,5 19Section 5. 767.41 (1m) (n) of the statutes is repealed.
AB99,6 20Section 6 . Initial applicability.
AB99,3,2121 (1) This act first applies to actions filed on the effective date of this subsection.
AB99,3,2222 (End)
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