SB132,2,42
767.02
(1) (k) Concerning periods of physical placement or visitation rights to
3children
, including an action to prohibit a move with or the removal of a child under
4s. 767.327 (3) (c).
SB132, s. 2
5Section
2. 767.23 (1) (bm) of the statutes is created to read:
SB132,2,76
767.23
(1) (bm) Allowing a party to move with or remove a child after a notice
7of objection has been filed under s. 767.327 (2) (a).
SB132, s. 3
8Section
3. 767.327 (1) (a) 1. of the statutes is amended to read:
SB132,3,3
1767.327
(1) (a) 1. Establish his or her legal residence
with the child at any
2location outside the state
and remove the child from this state for a period of time
3exceeding 90 consecutive days.
SB132, s. 4
4Section
4. 767.327 (1) (a) 2. of the statutes is amended to read:
SB132,3,75
767.327
(1) (a) 2. Establish his or her legal residence
and remove with the child
, 6at any location within this state
,
that is at a distance of 150 miles or more from the
7other parent.
SB132, s. 5
8Section
5. 767.327 (1) (a) 3. of the statutes is created to read:
SB132,3,109
767.327
(1) (a) 3. Remove the child from this state for more than 90 consecutive
10days.
SB132, s. 6
11Section
6. 767.327 (1) (b) of the statutes is amended to read:
SB132,3,1612
767.327
(1) (b) The parent shall send the notice under par. (a) by certified mail.
13The notice shall state the parent's proposed action
, including the specific date and
14location of the move or specific beginning and ending dates and location of the
15removal, and that the other parent may object within the time specified in sub. (2)
16(a).
SB132, s. 7
17Section
7. 767.327 (2) (title) of the statutes is amended to read:
SB132,3,1818
767.327
(2) (title)
Objection to move; Prohibition; mediation.
SB132, s. 8
19Section
8. 767.327 (2) of the statutes is renumbered 767.327 (2) (a) and
20amended to read:
SB132,3,2321
767.327
(2) (a) Within 15 days after receiving the notice under sub. (1), the
22other parent may send to the parent
proposing the move or removal, with a copy to
23the court, a written notice of objection to the proposed action.
The
SB132,4,4
24(c) Upon receipt of a copy of a notice of objection under par. (a), the court or
25family court commissioner shall promptly refer the parents for mediation or other
1family court counseling services under s. 767.11 and may appoint a guardian ad
2litem. Unless the parents agree to extend the time period, if mediation or counseling
3services do not resolve the dispute within 30 days after referral, the matter shall
4proceed under subs. (3) to (5).
SB132, s. 9
5Section
9. 767.327 (2) (b) of the statutes is created to read:
SB132,4,106
767.327
(2) (b) If the parent who is proposing the move or removal receives a
7notice of objection under par. (a) within 20 days after sending a notice under sub. (1)
8(a), the parent may not move with or remove the child pending resolution of the
9dispute, or final order of the court under sub. (3), unless the parent obtains a
10temporary order to do so under s. 767.23 (1) (bm).
SB132, s. 10
11Section
10. 767.327 (3) (title) of the statutes is amended to read:
SB132,4,1312
767.327
(3) (title)
Standards for modification or prohibition if move or
13removal contested.
SB132, s. 11
14Section
11. 767.327 (3) (a) 1. (intro.) of the statutes is amended to read:
SB132,4,2115
767.327
(3) (a) 1. (intro.) Except as provided under par. (b), if the parent
16proposing the move
or removal has sole legal or joint legal custody of the child and
17the child resides with that parent for the greater period of time, the parent objecting
18to the move
or removal may file a petition, motion or order to show cause for
19modification of the legal custody or physical placement order affecting the child. The
20court may modify the legal custody or physical placement order if
, after considering
21the factors under sub. (5), the court finds all of the following:
SB132, s. 12
22Section
12. 767.327 (3) (a) 1. b. of the statutes is amended to read:
SB132,4,2523
767.327
(3) (a) 1. b. The move
or removal will result in a substantial change of
24circumstances since the entry of the last order affecting legal custody or the last order
25substantially affecting physical placement.
SB132, s. 13
1Section
13. 767.327 (3) (a) 2. a. of the statutes is amended to read:
SB132,5,72
767.327
(3) (a) 2. a. There is a rebuttable presumption that continuing the
3current allocation of decision making under a legal custody order or continuing the
4child's physical placement with the parent with whom the child resides for the
5greater period of time is in the best interest of the child.
This presumption may be
6overcome by a showing that the move or removal is unreasonable and not in the best
7interest of the child.
SB132, s. 14
8Section
14. 767.327 (3) (a) 3. of the statutes is amended to read:
SB132,5,109
767.327
(3) (a) 3. Under this paragraph, the burden of proof is on the parent
10objecting to the move
or removal.
SB132, s. 15
11Section
15. 767.327 (3) (b) 1. (intro.) of the statutes is amended to read:
SB132,5,1712
767.327
(3) (b) 1. (intro.) If the parents have joint legal custody and
have 13substantially equal periods of physical placement with
a the child, either parent may
14file a petition, motion or order to show cause for modification of the legal custody or
15physical placement order. The court may modify an order of legal custody or physical
16placement if
, after considering the factors under sub. (5), the court finds all of the
17following:
SB132, s. 16
18Section
16. 767.327 (3) (c) of the statutes is created to read:
SB132,6,219
767.327
(3) (c) 1. If the parent proposing the move or removal has sole legal or
20joint legal custody of the child and the child resides with that parent for the greater
21period of time or the parents have substantially equal periods of physical placement
22with the child, as an alternative to the petition, motion or order to show cause under
23par. (a) or (b), the parent objecting to the move or removal may file a petition, motion
24or order to show cause for an order prohibiting the move or removal. The court may
1prohibit the move or removal if, after considering the factors under sub. (5), the court
2finds that the prohibition is in the best interest of the child.
SB132,6,43
2. Under this paragraph, the burden of proof is on the parent objecting to the
4move or removal.
SB132,6,7
6(1) This act first applies to notices to move with or remove a child under section
7767.327 (1) (a) of the statutes that are sent on the effective date of this subsection.