LRBs0103/2
PJK:jld:jf
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2007 ASSEMBLY BILL 309
June 26, 2007 - Offered by Representative Albers.
AB309-ASA2,1,3
1An Act to amend 767.405 (14) (b) of the statutes;
relating to: submitting
2custody study reports to the parties and offering and admitting custody study
3reports in accordance with the rules of evidence.
Analysis by the Legislative Reference Bureau
Under current law, in an action affecting the family, such as a divorce, if there
is a minor child and the parties do not agree on legal custody or physical placement,
the parties must be referred to mediation to attempt to resolve the contested issues.
The court may order a person or entity designated by the county to conduct a legal
custody or physical placement study to investigate such issues as the conditions of
the child's home, the parties' performance of parental duties, and whether either
party has engaged in domestic abuse. The report that results from the study is
submitted to the court, made available to the parties, and made a part of the record
of the action unless the court orders otherwise. This substitute amendment requires
that the report be submitted to the parties at least ten days before it is introduced
into evidence, that it be offered and received in accordance with the rules of evidence,
and that it not be submitted to the court before it is introduced into evidence.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB309-ASA2, s. 1
1Section
1. 767.405 (14) (b) of the statutes is amended to read:
AB309-ASA2,2,82
767.405
(14) (b) The person or entity investigating the parties under par. (a)
3shall complete the investigation and submit
a report of the results to
the court. The
4court shall make the results available to both parties
at least 10 days before the
5report is introduced into evidence. The report shall be
a part of the record in the
6action unless the court orders otherwise offered and received in accordance with the
7rules of evidence. The report may not be submitted to the court before it is introduced
8into evidence.
AB309-ASA2,2,1110
(1) This act first applies to legal custody and physical placement study reports
11that are completed on the effective date of this subsection.
