AB279-ASA1,10,2423
d. Whether either of the parties acted in self-defense in any of the prior acts
24of domestic violence under subd. 2. a.
AB279-ASA1,11,2
1e. Whether there is or has been a pattern of coercive and abusive behavior
2between the parties.
AB279-ASA1,11,43
f. Any other factor that the court considers relevant to the determination under
4this subdivision.
AB279-ASA1,11,95
3. If the court must determine under subd. 2. which party was the primary
6physical aggressor and one, but not both, of the parties has been convicted of a crime
7that was an act of domestic abuse, as defined in s. 813.12 (1) (am), with respect to the
8other party, the court shall find the party who was convicted of the crime to be the
9primary physical aggressor.
AB279-ASA1,11,1310
4. The presumption under subd. 1. does not apply if the court finds that both
11parties engaged in a pattern or serious incident of interspousal battery or domestic
12abuse but the court determines that neither party was the primary physical
13aggressor.
AB279-ASA1, s. 21
14Section
21. 767.24 (4) (a) 2. of the statutes is amended to read:
AB279-ASA1,11,2015
767.24
(4) (a) 2. In determining the allocation of periods of physical placement,
16the court shall consider each case on the basis of the factors in sub. (5)
(am), subject
17to sub. (5) (bm). The court shall set a placement schedule that allows the child to have
18regularly occurring, meaningful periods of physical placement with each parent and
19that maximizes the amount of time the child may spend with each parent, taking into
20account geographic separation and accommodations for different households.
AB279-ASA1, s. 22
21Section
22. 767.24 (5) (intro.) of the statutes is renumbered 767.24 (5) (am)
22(intro.) and amended to read:
AB279-ASA1,12,323
767.24
(5) (am) (intro.)
In Subject to par. (bm), in determining legal custody and
24periods of physical placement, the court shall consider all facts relevant to the best
25interest of the child. The court may not prefer one parent or potential custodian over
1the other on the basis of the sex or race of the parent or potential custodian.
The 2Subject to par. (bm), the court shall consider the following factors in making its
3determination:
AB279-ASA1, s. 23
4Section
23. 767.24 (5) (a) of the statutes is renumbered 767.24 (5) (am) 1.
AB279-ASA1, s. 24
5Section
24. 767.24 (5) (b) of the statutes is renumbered 767.24 (5) (am) 2.
AB279-ASA1,12,127
767.24
(5) (bm) If the court finds under sub. (2) (d) that a parent has engaged
8in a pattern or serious incident of interspousal battery, as described under s. 940.19
9or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), the safety and
10well-being of the child and the safety of the parent who was the victim of the battery
11or abuse shall be the paramount concerns in determining legal custody and periods
12of physical placement.
AB279-ASA1, s. 26
13Section
26. 767.24 (5) (c) of the statutes is renumbered 767.24 (5) (am) 3.
AB279-ASA1, s. 27
14Section
27. 767.24 (5) (cm) of the statutes is renumbered 767.24 (5) (am) 4.
AB279-ASA1, s. 28
15Section
28. 767.24 (5) (d) of the statutes is renumbered 767.24 (5) (am) 5.
AB279-ASA1, s. 29
16Section
29. 767.24 (5) (dm) of the statutes is renumbered 767.24 (5) (am) 6.
AB279-ASA1, s. 30
17Section
30. 767.24 (5) (e) of the statutes is renumbered 767.24 (5) (am) 7. and
18amended to read:
AB279-ASA1,12,2219
767.24
(5) (am) 7.
The Whether the mental
and or physical health of
the parties,
20the minor children and other persons a party, minor child, or other person living in
21a proposed custodial household
negatively affects the child's intellectual, physical,
22or emotional well-being.
AB279-ASA1, s. 31
23Section
31. 767.24 (5) (em) of the statutes is renumbered 767.24 (5) (am) 8.
AB279-ASA1, s. 32
24Section
32. 767.24 (5) (f) of the statutes is renumbered 767.24 (5) (am) 9.
AB279-ASA1, s. 33
25Section
33. 767.24 (5) (fm) of the statutes is renumbered 767.24 (5) (am) 10.
AB279-ASA1, s. 34
1Section
34. 767.24 (5) (g) of the statutes is renumbered 767.24 (5) (am) 11.
AB279-ASA1, s. 35
2Section
35. 767.24 (5) (h) of the statutes is renumbered 767.24 (5) (am) 12.
AB279-ASA1, s. 36
3Section
36. 767.24 (5) (i) of the statutes is renumbered 767.24 (5) (am) 13.
AB279-ASA1, s. 37
4Section
37. 767.24 (5) (j) of the statutes is renumbered 767.24 (5) (am) 14.
AB279-ASA1, s. 38
5Section
38. 767.24 (5) (jm) of the statutes is renumbered 767.24 (5) (am) 15.
AB279-ASA1, s. 39
6Section
39. 767.24 (5) (k) of the statutes is renumbered 767.24 (5) (am) 16.
AB279-ASA1,13,148
767.24
(6) (f) If the court finds under sub. (2) (d) that a party has engaged in
9a pattern or serious incident of interspousal battery, as described under s. 940.19 or
10940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), the court shall state
11in writing whether the presumption against awarding joint or sole legal custody to
12that party is rebutted and, if so, what evidence rebutted the presumption, and why
13its findings relating to legal custody and physical placement are in the best interest
14of the child.
AB279-ASA1,13,2416
767.24
(6) (g) If the court finds under sub. (2) (d) that a party has engaged in
17a pattern or serious incident of interspousal battery, as described under s. 940.19 or
18940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), and the court awards
19periods of physical placement to both parties, the court shall provide for the safety
20and well-being of the child and for the safety of the party who was the victim of the
21battery or abuse. For that purpose the court, giving consideration to the availability
22of services or programs and to the ability of the party who committed the battery or
23abuse to pay for those services or programs, shall impose one or more of the following,
24as appropriate:
AB279-ASA1,14,4
11. Requiring the exchange of the child to occur in a protected setting or in the
2presence of an appropriate 3rd party who agrees by affidavit or other supporting
3evidence to assume the responsibility assigned by the court and to be accountable to
4the court for his or her actions with respect to the responsibility.
AB279-ASA1,14,95
2. Requiring the child's periods of physical placement with the party who
6committed the battery or abuse to be supervised by an appropriate 3rd party who
7agrees by affidavit or other supporting evidence to assume the responsibility
8assigned by the court and to be accountable to the court for his or her actions with
9respect to the responsibility.
AB279-ASA1,14,1110
3. Requiring the party who committed the battery or abuse to pay the costs of
11supervised physical placement.
AB279-ASA1,14,1512
4. Requiring the party who committed the battery or abuse to attend and
13complete, to the satisfaction of the court, treatment for batterers provided through
14a certified treatment program or by a certified treatment provider as a condition of
15exercising his or her periods of physical placement.
AB279-ASA1,14,2016
5. If the party who committed the battery or abuse has a significant problem
17with alcohol or drug abuse, prohibiting that party from being under the influence of
18alcohol or any controlled substance when the parties exchange the child for periods
19of physical placement and from possessing or consuming alcohol or any controlled
20substance during his or her periods of physical placement.
AB279-ASA1,14,2221
6. Prohibiting the party who committed the battery or abuse from having
22overnight physical placement with the child.
AB279-ASA1,14,2423
7. Requiring the party who committed the battery or abuse to post a bond for
24the return and safety of the child.
AB279-ASA1,15,3
18. Imposing any condition not specified in subds. 1. to 7. that the court
2determines is necessary for the safety and well-being of the child or the safety of the
3party who was the victim of the battery or abuse.
AB279-ASA1,15,85
767.325
(5m) Factors to consider. In all actions to modify legal custody or
6physical placement orders, the court shall consider the factors under s. 767.24 (5)
7(am), subject to s. 767.24 (5) (bm), and shall make its determination in a manner
8consistent with s. 767.24.
AB279-ASA1,15,1210
(1) This act first applies to actions or proceedings that are commenced on the
11effective date of this subsection, including actions or proceedings to modify a
12judgment or order granted before the effective date of this subsection.