2019 - 2020 LEGISLATURE
November 27, 2019 - Introduced by Senators Jacque and L. Taylor, cosponsored
by Representatives Thiesfeldt, Ballweg, Anderson, Bowen, Quinn,
Sortwell, Spiros, Wichgers and Ramthun. Referred to Committee on
Universities, Technical Colleges, Children and Families.
1An Act to repeal
767.451 (5m) (c);
767.41 (5) (c); to amend
(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
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:
767.41 (2) (e) 1. of the statutes is amended to read:
(e) 1. In this paragraph, “service member" means a member of the 3
national guard, the U.S. armed forces or forces incorporated in the U.S. armed forces, 4
or of a reserve unit of the U.S. armed forces.
767.41 (5) (c) of the statutes is renumbered 767.41 (5) (c) 1.
767.41 (5) (c) 2. of the statutes is created to read:
(c) 2. If a parent is a service member, as defined in sub. (2) (e) 1., the 8
court may not deny the parent periods of physical placement based on past or future 9
anticipated variability in the service member's schedule, living arrangements, or 10
location that result from the service member's military service.
767.451 (5m) (a) of the statutes is amended to read:
(a) Subject to pars.
(b) and (c)
, in all actions to modify legal 13
custody or physical placement orders, the court shall consider the factors under s. 14
767.41 (5) (am), subject to s. 767.41 (5) (bm) and (c)
, and shall make its determination 15
in a manner consistent with s. 767.41.
767.451 (5m) (c) of the statutes is repealed.