Wisconsin Legislature: 9,3054cy

(o) If there is evidence that either party engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.

9,3054cn Section 3054cn. 767.24 (2) (a) of the statutes is amended to read:

767.24 (2) (a) Subject to par. (b) pars. (am), (b) and (c), based on the best interest of the child and after considering the factors under sub. (5), the court may give joint legal custody or sole legal custody of a minor child.

9,3054co Section 3054co. 767.24 (2) (am) of the statutes is created to read:

767.24 (2) (am) The court shall presume that joint legal custody is in the best interest of the child.

9,3054cp Section 3054cp. 767.24 (2) (b) of the statutes is amended to read:

767.24 (2) (b) The court may give joint sole legal custody only if it finds that doing so is in the child's best interest and that either of the following applies:

1. Both parties agree to joint sole legal custody with the same party.

2. The parties do not agree to joint sole legal custody with the same party, but at least one party requests joint sole legal custody and the court specifically finds all any of the following:

a. Both parties are One party is not capable of performing parental duties and responsibilities and or does not wish to have an active role in raising the child.

b. No One or more conditions exist at that time which that would substantially interfere with the exercise of joint legal custody.

c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2), or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required. This presumption may be rebutted by clear and convincing evidence that the abuse will not interfere with the parties' ability to cooperate in the future decision making required.

9,3054cq Section 3054cq. 767.24 (2) (c) of the statutes is created to read:

767.24 (2) (c) The court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court finds that the refusal to cooperate is unreasonable.

9,3054cr Section 3054cr. 767.24 (4) (a) of the statutes is renumbered 767.24 (4) (a) 1. and amended to read:

767.24 (4) (a) 1. Except as provided under par. (b), if the court orders sole or joint legal custody under sub. (2), the court shall allocate periods of physical placement between the parties in accordance with this subsection.

2. In determining the allocation of periods of physical placement, the court shall consider each case on the basis of the factors in sub. (5). 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 the amount of time the child may spend with each parent, taking into account geographic separation and accommodations for different households.

9,3054cs Section 3054cs. 767.24 (4) (a) 3. of the statutes is created to read:

767.24 (4) (a) 3. Notwithstanding subd. 2. and sub. (5), the court shall presume that any proposal submitted to the court with respect to periods of physical placement that has been voluntarily agreed to by the parties is in the child's best interest.

9,3054ct Section 3054ct. 767.24 (4) (c) of the statutes is amended to read:

767.24 (4) (c) No court may deny periods of physical placement for failure to meet, or grant periods of physical placement for meeting, any financial obligation to the child or, if the parties were married, to the former spouse.

9,3054cu Section 3054cu. 767.24 (5) (intro.) of the statutes is amended to read:

767.24 (5) Factors in custody and physical placement determinations. (intro.) In determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. 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. The court shall consider reports of appropriate professionals if admitted into evidence when legal custody or physical placement is contested. The court shall consider the following factors in making its determination:

9,3054cv Section 3054cv. 767.24 (5) (a) of the statutes is amended to read:

767.24 (5) (a) The wishes of the child's parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial.

9,3054cw Section 3054cw. 767.24 (5) (bm) of the statutes is created to read:

767.24 (5) (bm) The right of the child to spend the same amount of time or substantial periods of time with each parent.

9,3054cx Section 3054cx. 767.24 (5) (cm) of the statutes is created to read:

767.24 (5) (cm) The amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents' custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future.

9,3054cy Section 3054cy. 767.24 (5) (dm) of the statutes is created to read:

767.24 (5) (dm) The age of the child and the child's developmental and educational needs at different ages.

9,3054cz Section 3054cz. 767.24 (5) (em) of the statutes is created to read:

767.24 (5) (em) The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child.

9,3054d Section 3054d. 767.24 (5) (fm) of the statutes is created to read:

767.24 (5) (fm) The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party.

9,3054dc Section 3054dc. 767.24 (5) (g) of the statutes is amended to read:

767.24 (5) (g) Whether each party can support the other party's relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party.

9,3054dd Section 3054dd. 767.24 (5) (jm) of the statutes is created to read:

767.24 (5) (jm) The reports of appropriate professionals if admitted into evidence.

9,3054de Section 3054de. 767.242 of the statutes is created to read:

767.242 Enforcement of physical placement orders. (1) Definitions. In this section:

(a) "Petitioner" means the parent filing a petition under this section, regardless of whether that parent was the petitioner in the action in which periods of physical placement were awarded under s. 767.24.

(b) "Respondent" means the parent upon whom a petition under this section is served, regardless of whether that parent was the respondent in the action in which periods of physical placement were awarded under s. 767.24.

(2) Who may file. A parent who has been awarded periods of physical placement under s. 767.24 may file a petition under sub. (3) if any of the following applies:

(a) The parent has had one or more periods of physical placement denied by the other parent.

(b) The parent has had one or more periods of physical placement substantially interfered with by the other parent.

(c) The parent has incurred a financial loss or expenses as a result of the other parent's intentional failure to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement.

(3) Petition. (a) The petition shall allege facts sufficient to show the following:

1. The name of the petitioner and that the petitioner has been awarded periods of physical placement.

2. The name of the respondent.

3. That the criteria in sub. (2) apply.

(b) The petition shall request the imposition of a remedy or any combination of remedies under sub. (5) (b) and (c). This paragraph does not prohibit a judge or family court commissioner from imposing a remedy under sub. (5) (b) or (c) if the remedy was not requested in the petition.

(d) The petition shall be filed under the principal action under which the periods of physical placement were awarded.

(e) A petition under this section is a motion for remedial sanction for purposes of s. 785.03 (1) (a).

(4) Service on respondent; response. Upon the filing of a petition under sub. (3), the petitioner shall serve a copy of the petition upon the respondent by personal service in the same manner as a summons is served under s. 801.11. The respondent may respond to the petition either in writing before or at the hearing under sub. (5) (a) or orally at that hearing.

(5) Hearing; remedies. (a) A judge or family court commissioner shall hold a hearing on the petition no later than 30 days after the petition has been served, unless the time is extended by mutual agreement of the parties or upon the motion of a guardian ad litem and the approval of the judge or family court commissioner. The judge or family court commissioner may, on his or her own motion or the motion of any party, order that a guardian ad litem be appointed for the child prior to the hearing.

(b) If, at the conclusion of the hearing, the judge or family court commissioner finds that the respondent has intentionally and unreasonably denied the petitioner one or more periods of physical placement or that the respondent has intentionally and unreasonably interfered with one or more of the petitioner's periods of physical placement, the court or family court commissioner:

1. Shall do all of the following:

a. Issue an order granting additional periods of physical placement to replace those denied or interfered with.

b. Award the petitioner a reasonable amount for the cost of maintaining an action under this section and for attorney fees.

2. May do one or more of the following:

a. If the underlying order or judgment relating to periods of physical placement does not provide for specific times for the exercise of periods of physical placement, issue an order specifying the times for the exercise of periods of physical placement.

b. Find the respondent in contempt of court under ch. 785.

c. Grant an injunction ordering the respondent to strictly comply with the judgment or order relating to the award of physical placement. In determining whether to issue an injunction, the judge or family court commissioner shall consider whether alternative remedies requested by the petitioner would be as effective in obtaining compliance with the order or judgment relating to physical placement.

(c) If, at the conclusion of the hearing, the judge or family court commissioner finds that the petitioner has incurred a financial loss or expenses as a result of the respondent's failure, intentionally and unreasonably and without adequate notice to the petitioner, to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement, the judge or family court commissioner may issue an order requiring the respondent to pay to the petitioner a sum of money sufficient to compensate the petitioner for the financial loss or expenses.

(d) Except as provided in par. (b) 1. a. and 2. a., the judge or family court commissioner may not modify an order of legal custody or physical placement in an action under this section.

(e) An injunction issued under par. (b) 2. c. is effective according to its terms, for the period of time that the petitioner requests, but not more than 2 years.

(6) Enforcement assistance. (a) If an injunction is issued under sub. (5) (b) 2. c., upon request by the petitioner the judge or family court commissioner shall order the sheriff to assist the petitioner in executing or serving the injunction.

(b) Within 24 hours after a request by the petitioner, the clerk of the circuit court shall send a copy of an injunction issued under sub. (5) (b) 2. c. to the sheriff or to any other local law enforcement agency that is the central repository for orders and that has jurisdiction over the respondent's residence. If the respondent does not reside in this state, the clerk shall send a copy of the injunction to the sheriff of the county in which the circuit court is located.

(c) The sheriff or other appropriate local law enforcement agency under par. (b) shall make available to other law enforcement agencies, through a verification system, information on the existence and status of any injunction issued under sub. (5) (b) 2. c. The information need not be maintained after the injunction is no longer in effect.

(7) Arrest. A law enforcement officer may arrest and take a person into custody if all of the following apply:

(a) A petitioner under this section presents the law enforcement officer with a copy of an injunction issued under sub. (5) (b) 2. c. or the law enforcement officer determines that such an injunction exists through communication with appropriate authorities.

(b) The law enforcement officer has probable cause to believe that the person has violated the injunction issued under sub. (5) (b) 2. c.

(8) Penalty. Whoever intentionally violates an injunction issued under sub. (5) (b) 2. c. may be fined not more than $10,000 or imprisoned for not more than 2 years or both.

9,3054dem Section 3054dem. 767.245 (1) of the statutes is amended to read:

767.245 (1) Except as provided in sub. subs. (1m) and (2m), upon petition by a grandparent, greatgrandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child.

9,3054dep Section 3054dep. 767.245 (1m) of the statutes is created to read:

767.245 (1m) (a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated.

(b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.

9,3054der Section 3054der. 767.245 (6) of the statutes is created to read:

767.245 (6) (a) If a person granted visitation rights with a child under this section is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall modify the visitation order by denying visitation with the child upon petition, motion or order to show cause by a parent or guardian of the child, or upon the court's own motion, and upon notice to the person granted visitation rights.

9,3054det Section 3054det. 767.247 of the statutes is created to read:

767.247 Prohibiting visitation or physical placement if a parent kills other parent. (1) Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5), 767.51 (3) and 767.62 (4) (a) and except as provided in sub. (2), in an action under this chapter that affects a minor child, a court or family court commissioner may not grant to the child's parent visitation or physical placement rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

(2) Subsection (1) does not apply if the court or family court commissioner determines by clear and convincing evidence that the visitation or periods of physical placement would be in the best interests of the child. The court or family court commissioner shall consider the wishes of the child in making the determination.

9,3054df Section 3054df. 767.25 (1) (intro.) of the statutes is amended to read:

767.25 (1) (intro.) Whenever the court approves a stipulation for child support under s. 767.10, enters a judgment of annulment, divorce or legal separation, or enters an order or a judgment in a paternity action or in an action under s. 767.02 (1) (f) or (j) or, 767.08 or 767.62 (3), the court shall do all of the following:

9,3054dg Section 3054dg. 767.25 (1m) (b) of the statutes is amended to read: