AB133-SSA1-SA1,430,22 22" Section 3054c. 767.078 (2) of the statutes is amended to read:
AB133-SSA1-SA1,431,223 767.078 (2) Subsection (1) does not limit the authority of a court to issue an
24order, other than an order under sub. (1), regarding employment of a parent in an

1action for modification of a child support order under s. 767.32 or an action in which
2an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) (a).
AB133-SSA1-SA1, s. 3054cd 3Section 3054cd. 767.11 (12) (b) of the statutes is amended to read:
AB133-SSA1-SA1,431,144 767.11 (12) (b) If after mediation under this section the parties do not reach
5agreement on legal custody or periods of physical placement, the parties or the
6mediator shall so notify the court. The Except as provided in s. 767.045 (1) (am), the
7court shall promptly appoint a guardian ad litem under s. 767.045. After the
8appointment
Regardless of whether the court appoints a guardian ad litem, the court
9shall, if appropriate, refer the matter for a legal custody or physical placement study
10under sub. (14). If the parties come to agreement on legal custody or physical
11placement after the matter has been referred for a study, the study shall be
12terminated. The parties may return to mediation at any time before any trial of or
13final hearing on legal custody or periods of physical placement. If the parties return
14to mediation, the county shall collect any applicable fee under s. 814.615.
AB133-SSA1-SA1, s. 3054ce 15Section 3054ce. 767.115 (title) of the statutes is amended to read:
AB133-SSA1-SA1,431,17 16767.115 (title) Educational program in action programs and classes in
17actions
affecting the family.
AB133-SSA1-SA1, s. 3054cf 18Section 3054cf. 767.115 (4) of the statutes is created to read:
AB133-SSA1-SA1,431,2419 767.115 (4) (a) At any time during the pendency of a divorce or paternity action,
20the court or family court commissioner may order the parties to attend a class that
21is approved by the court or family court commissioner and that addresses such issues
22as child development, family dynamics, how parental separation affects a child's
23development and what parents can do to make raising a child in a separated
24situation less stressful for the child.
AB133-SSA1-SA1,432,5
1(b) The court or family court commissioner may not require the parties to
2attend a class under this subsection as a condition to the granting of the final
3judgment or order in the divorce or paternity action, however, the court or family
4court commissioner may refuse to hear a custody or physical placement motion of a
5party who refuses to attend a class ordered under this subsection.
AB133-SSA1-SA1,432,76 (c) 1. Except as provided in subd. 2., the parties shall be responsible for any cost
7of attending the class.
AB133-SSA1-SA1,432,98 2. If the court or family court commissioner finds that a party is indigent, any
9costs that would be the responsibility of that party shall be paid by the county.
AB133-SSA1-SA1, s. 3054cg 10Section 3054cg. 767.23 (1) (a) of the statutes is amended to read:
AB133-SSA1-SA1,432,1711 767.23 (1) (a) Upon Subject to s. 767.477, upon request of one party, granting
12legal custody of the minor children to the parties jointly, to one party solely or to a
13relative or agency specified under s. 767.24 (3). The , in a manner consistent with s.
14767.24, except that the
court or family court commissioner may order joint sole legal
15custody without the agreement of the other party and without the findings required
16under s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody
17determination.
AB133-SSA1-SA1, s. 3054ch 18Section 3054ch. 767.23 (1) (am) of the statutes is amended to read:
AB133-SSA1-SA1,432,2319 767.23 (1) (am) Upon Subject to s. 767.477, upon the request of a party,
20granting periods of physical placement to a party in a manner consistent with s.
21767.24
. The court or family court commissioner shall make a determination under
22this paragraph within 30 days after the request for a temporary order regarding
23periods of physical placement is filed.
AB133-SSA1-SA1, s. 3054ci 24Section 3054ci. 767.23 (1) (c) of the statutes is amended to read:
AB133-SSA1-SA1,433,5
1767.23 (1) (c) Requiring Subject to s. 767.477, requiring either party or both
2parties to make payments for the support of minor children, which payment amounts
3may be expressed as a percentage of parental income or as a fixed sum, or as a
4combination of both in the alternative by requiring payment of the greater or lesser
5of either a percentage of parental income or a fixed sum.
AB133-SSA1-SA1, s. 3054cj 6Section 3054cj. 767.23 (1) (k) of the statutes is amended to read:
AB133-SSA1-SA1,433,97 767.23 (1) (k) Requiring Subject to s. 767.477, requiring either party or both
8parties to maintain minor children as beneficiaries on a health insurance policy or
9plan.
AB133-SSA1-SA1, s. 3054ck 10Section 3054ck. 767.23 (1n) of the statutes is amended to read:
AB133-SSA1-SA1,433,2311 767.23 (1n) Before making any temporary order under sub. (1), the court or
12family court commissioner shall consider those factors which that the court is
13required by this chapter to consider before entering a final judgment on the same
14subject matter. In making a determination under sub. (1) (a) or (am), the court or
15family court commissioner shall consider the factors under s. 767.24 (5).
If the court
16or family court commissioner makes a temporary child support order that deviates
17from the amount of support that would be required by using the percentage standard
18established by the department under s. 49.22 (9), the court or family court
19commissioner shall comply with the requirements of s. 767.25 (1n). A temporary
20order under sub. (1) may be based upon the written stipulation of the parties, subject
21to the approval of the court or the family court commissioner. Temporary orders
22made by the family court commissioner may be reviewed by the court as provided in
23s. 767.13 (6).
AB133-SSA1-SA1, s. 3054cL 24Section 3054cL. 767.24 (1) of the statutes is amended to read:
AB133-SSA1-SA1,434,5
1767.24 (1) General provisions. In rendering a judgment of annulment, divorce
2or, legal separation or paternity, or in rendering a judgment in an action under s.
3767.02 (1) (e) or 767.62 (3), the court shall make such provisions as it deems just and
4reasonable concerning the legal custody and physical placement of any minor child
5of the parties, as provided in this section.
AB133-SSA1-SA1, s. 3054cm 6Section 3054cm. 767.24 (1m) of the statutes is created to read:
AB133-SSA1-SA1,434,127 767.24 (1m) Parenting plan. In an action for annulment, divorce or legal
8separation, an action to determine paternity or an action under s. 767.02 (1) (e) or
9767.62 (3) in which legal custody or physical placement is contested, a party seeking
10sole or joint legal custody or periods of physical placement shall file a parenting plan
11with the court before any pretrial conference may be held. A parenting plan shall
12provide information about the following questions:
AB133-SSA1-SA1,434,1313 (a) What legal custody or physical placement the parent is seeking.
AB133-SSA1-SA1,434,1514 (b) Where the parent lives currently and where the parent intends to live
15during the next 2 years.
AB133-SSA1-SA1,434,1616 (c) Where the parent works and the hours of employment.
AB133-SSA1-SA1,434,1817 (d) Who will provide any necessary child care when the parent cannot and who
18will pay for the child care.
AB133-SSA1-SA1,434,1919 (e) Where the child will go to school.
AB133-SSA1-SA1,434,2020 (f) What doctor or health care facility will provide medical care for the child.
AB133-SSA1-SA1,434,2121 (g) How the child's medical expenses will be paid.
AB133-SSA1-SA1,434,2222 (h) What the child's religious commitment will be, if any.
AB133-SSA1-SA1,434,2423 (i) Who will make decisions about the child's education, medical care, choice of
24child care providers and extracurricular activities.
AB133-SSA1-SA1,435,2
1(j) How the parent proposes to resolve disagreements related to matters over
2which the court orders joint decision making.
AB133-SSA1-SA1,435,43 (k) What child support, family support, maintenance or other income transfer
4there will be.
AB133-SSA1-SA1, s. 3054cn 5Section 3054cn. 767.24 (2) (a) of the statutes is amended to read:
AB133-SSA1-SA1,435,86 767.24 (2) (a) Subject to par. (b) pars. (am), (b) and (c), based on the best interest
7of the child and after considering the factors under sub. (5), the court may give joint
8legal custody or sole legal custody of a minor child.
AB133-SSA1-SA1, s. 3054co 9Section 3054co. 767.24 (2) (am) of the statutes is created to read:
AB133-SSA1-SA1,435,1110 767.24 (2) (am) The court shall presume that joint legal custody is in the best
11interest of the child.
AB133-SSA1-SA1, s. 3054cp 12Section 3054cp. 767.24 (2) (b) of the statutes is amended to read:
AB133-SSA1-SA1,435,1413 767.24 (2) (b) The court may give joint sole legal custody only if it finds that
14doing so is in the child's best interest and that either of the following applies:
AB133-SSA1-SA1,435,1515 1. Both parties agree to joint sole legal custody with the same party.
AB133-SSA1-SA1,435,1816 2. The parties do not agree to joint sole legal custody with the same party, but
17at least one party requests joint sole legal custody and the court specifically finds all
182 or more of the following:
AB133-SSA1-SA1,435,2019 a. Both parties are One party is not capable of performing parental duties and
20responsibilities and or does not wish to have an active role in raising the child.
AB133-SSA1-SA1,435,2221 b. No One or more conditions exist at that time which that would substantially
22interfere with the exercise of joint legal custody.
AB133-SSA1-SA1,436,723 c. The parties will not be able to cooperate in the future decision making
24required under an award of joint legal custody. In making this finding the court shall
25consider, along with any other pertinent items, any reasons offered by a party

1objecting to joint legal custody. Evidence that either party engaged in abuse, as
2defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2), or evidence of
3interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse,
4as defined in s. 813.12 (1) (a), creates a rebuttable presumption that the parties will
5not be able to cooperate in the future decision making required. This presumption
6may be rebutted by clear and convincing evidence that the abuse will not interfere
7with the parties' ability to cooperate in the future decision making required.
AB133-SSA1-SA1, s. 3054cq 8Section 3054cq. 767.24 (2) (c) of the statutes is created to read:
AB133-SSA1-SA1,436,119 767.24 (2) (c) The court may not give sole legal custody to a parent who refuses
10to cooperate with the other parent if the court finds that the refusal to cooperate is
11unreasonable.
AB133-SSA1-SA1, s. 3054cr 12Section 3054cr. 767.24 (4) (a) of the statutes is renumbered 767.24 (4) (a) 1.
13and amended to read:
AB133-SSA1-SA1,436,1614 767.24 (4) (a) 1. Except as provided under par. (b), if the court orders sole or
15joint legal custody under sub. (2), the court shall allocate periods of physical
16placement between the parties in accordance with this subsection.
AB133-SSA1-SA1,436,22 172. In determining the allocation of periods of physical placement, the court
18shall consider each case on the basis of the factors in sub. (5). The court shall set a
19placement schedule that allows the child to have regularly occurring, meaningful
20periods of physical placement with each parent and that maximizes the amount of
21time the child may spend with each parent, taking into account geographic
22separation and accommodations for different households.
AB133-SSA1-SA1, s. 3054cs 23Section 3054cs. 767.24 (4) (a) 3. of the statutes is created to read:
AB133-SSA1-SA1,437,224 767.24 (4) (a) 3. Notwithstanding subd. 2. and sub. (5), the court shall presume
25that any proposal submitted to the court with respect to periods of physical

1placement that has been voluntarily agreed to by the parties is in the child's best
2interest.
AB133-SSA1-SA1, s. 3054ct 3Section 3054ct. 767.24 (4) (c) of the statutes is amended to read:
AB133-SSA1-SA1,437,64 767.24 (4) (c) No court may deny periods of physical placement for failure to
5meet, or grant periods of physical placement for meeting, any financial obligation to
6the child or, if the parties were married, to the former spouse.
AB133-SSA1-SA1, s. 3054cu 7Section 3054cu. 767.24 (5) (intro.) of the statutes is amended to read:
AB133-SSA1-SA1,437,158 767.24 (5) Factors in custody and physical placement determinations.
9(intro.) In determining legal custody and periods of physical placement, the court
10shall consider all facts relevant to the best interest of the child. The court may not
11prefer one parent or potential custodian over the other on the basis of the sex or race
12of the parent or potential custodian. The court shall consider reports of appropriate
13professionals if admitted into evidence when legal custody or physical placement is
14contested.
The court shall consider the following factors in making its
15determination:
AB133-SSA1-SA1, s. 3054cv 16Section 3054cv. 767.24 (5) (a) of the statutes is amended to read:
AB133-SSA1-SA1,437,1917 767.24 (5) (a) The wishes of the child's parent or parents, as shown by any
18stipulation between the parties, any proposed parenting plan or any legal custody
19or physical placement proposal submitted to the court at trial
.
AB133-SSA1-SA1, s. 3054cw 20Section 3054cw. 767.24 (5) (bm) of the statutes is created to read:
AB133-SSA1-SA1,437,2221 767.24 (5) (bm) The right of the child to spend the same amount of time or
22substantial periods of time with each parent.
AB133-SSA1-SA1, s. 3054cx 23Section 3054cx. 767.24 (5) (cm) of the statutes is created to read:
AB133-SSA1-SA1,438,224 767.24 (5) (cm) The amount and quality of time that each parent has spent with
25the child in the past, changes to the parents' custodial roles made necessary by the

1divorce and any reasonable life-style changes that a parent proposes to make to be
2able to spend time with the child in the future.
AB133-SSA1-SA1, s. 3054cy 3Section 3054cy. 767.24 (5) (dm) of the statutes is created to read:
AB133-SSA1-SA1,438,54 767.24 (5) (dm) The age of the child and the child's developmental and
5educational needs at different ages.
AB133-SSA1-SA1, s. 3054cz 6Section 3054cz. 767.24 (5) (em) of the statutes is created to read:
AB133-SSA1-SA1,438,87 767.24 (5) (em) The need for regularly occurring and meaningful periods of
8physical placement to provide predictability and stability for the child.
AB133-SSA1-SA1, s. 3054d 9Section 3054d. 767.24 (5) (fm) of the statutes is created to read:
AB133-SSA1-SA1,438,1210 767.24 (5) (fm) The cooperation and communication between the parties and
11whether either party unreasonably refuses to cooperate or communicate with the
12other party.
AB133-SSA1-SA1, s. 3054dc 13Section 3054dc. 767.24 (5) (g) of the statutes is amended to read:
AB133-SSA1-SA1,438,1714 767.24 (5) (g) Whether each party can support the other party's relationship
15with the child, including encouraging and facilitating frequent and continuing
16contact with the child, or whether
one party is likely to unreasonably interfere with
17the child's continuing relationship with the other party.
AB133-SSA1-SA1, s. 3054dd 18Section 3054dd. 767.24 (5) (jm) of the statutes is created to read:
AB133-SSA1-SA1,438,2019 767.24 (5) (jm) The reports of appropriate professionals if admitted into
20evidence.
AB133-SSA1-SA1, s. 3054de 21Section 3054de. 767.242 of the statutes is created to read:
AB133-SSA1-SA1,438,23 22767.242 Enforcement of physical placement orders. (1) Definitions. In
23this section:
AB133-SSA1-SA1,439,3
1(a) "Petitioner" means the parent filing a petition under this section, regardless
2of whether that parent was the petitioner in the action in which periods of physical
3placement were awarded under s. 767.24.
AB133-SSA1-SA1,439,64 (b) "Respondent" means the parent upon whom a petition under this section is
5served, regardless of whether that parent was the respondent in the action in which
6periods of physical placement were awarded under s. 767.24.
AB133-SSA1-SA1,439,9 7(2) Who may file. A parent who has been awarded periods of physical
8placement under s. 767.24 may file a petition under sub. (3) if any of the following
9applies:
AB133-SSA1-SA1,439,1110 (a) The parent has had one or more periods of physical placement denied by the
11other parent.
AB133-SSA1-SA1,439,1312 (b) The parent has had one or more periods of physical placement substantially
13interfered with by the other parent.
AB133-SSA1-SA1,439,1714 (c) The parent has incurred a financial loss or expenses as a result of the other
15parent's intentional failure to exercise one or more periods of physical placement
16under an order allocating specific times for the exercise of periods of physical
17placement.
AB133-SSA1-SA1,439,18 18(3) Petition. (a) The petition shall allege facts sufficient to show the following:
AB133-SSA1-SA1,439,2019 1. The name of the petitioner and that the petitioner has been awarded periods
20of physical placement.
AB133-SSA1-SA1,439,2121 2. The name of the respondent.
AB133-SSA1-SA1,439,2222 3. That the criteria in sub. (2) apply.
AB133-SSA1-SA1,440,223 (b) The petition shall request the imposition of a remedy or any combination
24of remedies under sub. (5) (b). This paragraph does not prohibit a judge or family

1court commissioner from imposing a remedy under sub. (5) (b) if the remedy was not
2requested in the petition.
AB133-SSA1-SA1,440,43 (c) A judge or family court commissioner shall accept any legible petition for
4an order under this section.
AB133-SSA1-SA1,440,65 (d) The petition shall be filed under the principal action under which the
6periods of physical placement were awarded.
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