AB442, s. 44
24Section
44. 767.11 (14) (a) 2. of the statutes is amended to read:
AB442,18,2
1767.11
(14) (a) 2. Each party's performance of parental duties and
2responsibilities relating to the
basic care of the child.
AB442, s. 45
3Section
45. 767.11 (14) (a) 3. of the statutes is repealed.
AB442, s. 46
4Section
46. 767.11 (14) (b) of the statutes is amended to read:
AB442,18,135
767.11
(14) (b) The person or entity investigating the parties under par. (a)
6shall complete the investigation and submit the results to the court. The court shall
7make the results available to both parties. The report shall be a part of the record
8in the action
unless the court orders otherwise. The report shall not be considered
9as a recommendation as to legal custody or physical placement but as evidence
10relating to the condition of each parent's home and the ability of each parent to
11provide basic care for the child and may be considered by the court for the purpose
12of determining whether to order the filing of a petition under s. 48.25 (1) to initiate
13proceedings under s. 48.13.
AB442, s. 47
14Section
47. 767.115 (title) and (1) of the statutes are amended to read:
AB442,19,2
15767.115 (title)
Educational program on the effects of divorce family
16breakup on children. (1) At any time during the pendency of an action affecting
17the family in which a minor child is involved and in which the court or family court
18commissioner determines that it is appropriate
and in the best interest of the child,
19the court or family court commissioner, on its own motion, may order the parties to
20attend a program specified by the court or family court commissioner concerning the
21effects on a child of a
dissolution of the marriage
break in the family relationship.
22A program under this subsection shall be educational rather than therapeutic in
23nature
and may not exceed a total of 4 hours in length. The parties shall be
24responsible for the cost, if any, of attendance at the program.
The court or family
25court commissioner may specifically assign responsibility for payment of any cost.
1No facts or information obtained in the course of the program, and no report resulting
2from the program, is admissible in any action or proceeding.
AB442, s. 48
3Section
48. 767.14 of the statutes is amended to read:
AB442,19,12
4767.14 Service on and appearance by family court commissioner. In
5any action affecting the family, each party shall, either within 20 days after making
6service on the opposite party of any petition or pleading or before filing such petition
7or pleading in court, serve a copy of the same upon the family court commissioner of
8the county in which the action is begun, whether such action is contested or not. No
9judgment in any such action shall be granted unless this section is complied with
10except when otherwise ordered by the court. Such commissioner
may shall appear
11in an action under this chapter
when appropriate; and shall appear when requested
12by the court
or by a party.
AB442, s. 49
13Section
49. 767.23 (1) (intro.) of the statutes is amended to read:
AB442,19,1714
767.23
(1) (intro.) Except as provided in ch. 822, in every action affecting the
15family,
including a paternity action after paternity has been adjudicated, the court
16or family court commissioner
may shall, during the pendency thereof, make just and
17reasonable temporary orders concerning the following matters:
AB442, s. 50
18Section
50. 767.23 (1) (a) of the statutes is amended to read:
AB442,19,2419
767.23
(1) (a)
Upon request of one party, granting Granting legal custody of the
20minor children to the parties jointly
, to one party solely or to a relative or agency
21specified under s. 767.24 (3). The court or family court commissioner may order joint
22legal custody without the agreement of the
other party and without the findings
23required under s. 767.24 (2) (b) 2. parties. This order may not have a binding effect
24on a final custody determination.
AB442, s. 51
25Section
51. 767.23 (1) (am) of the statutes is repealed and recreated to read:
AB442,20,3
1767.23
(1) (am) Granting equal periods of physical placement to the parties
2unless the parties agree to a different physical placement allocation or unless a
3conflicting order under s. 48.345 or subch. VI of ch. 938 is in effect.
AB442, s. 52
4Section
52. 767.23 (1) (bm) of the statutes is repealed.
AB442, s. 53
5Section
53. 767.23 (1) (c) of the statutes is renumbered 767.23 (1c) (a).
AB442, s. 54
6Section
54. 767.23 (1) (d) of the statutes is renumbered 767.23 (1c) (b).
AB442, s. 55
7Section
55. 767.23 (1) (e) of the statutes is renumbered 767.23 (1c) (c).
AB442, s. 56
8Section
56. 767.23 (1) (f) of the statutes is renumbered 767.23 (1c) (d).
AB442, s. 57
9Section
57. 767.23 (1) (g) of the statutes is renumbered 767.23 (1c) (e).
AB442, s. 58
10Section
58. 767.23 (1) (h) of the statutes is renumbered 767.23 (1c) (f).
AB442, s. 59
11Section
59. 767.23 (1) (i) of the statutes is renumbered 767.23 (1c) (g).
AB442, s. 60
12Section
60. 767.23 (1) (k) of the statutes is renumbered 767.23 (1c) (h).
AB442, s. 61
13Section
61. 767.23 (1) (L) of the statutes is renumbered 767.23 (1c) (i).
AB442, s. 62
14Section
62. 767.23 (1c) (intro.) of the statutes is created to read:
AB442,20,1715
767.23
(1c) (intro.) In every action affecting the family, the court or family court
16commissioner may, during the pendency thereof, make just and reasonable
17temporary orders concerning the following matters:
AB442, s. 63
18Section
63. 767.23 (1n) of the statutes is amended to read:
AB442,21,519
767.23
(1n) Before Except as provided in sub. (1) (a) and (am), before making
20any temporary order under sub. (1)
or (1c), the court or family court commissioner
21shall consider those factors which the court is required by this chapter to consider
22before entering a final judgment on the same subject matter. If the court or family
23court commissioner makes a temporary child support order that deviates from the
24amount of support that would be required by using the percentage standard
25established by the department under s. 49.22 (9), the court or family court
1commissioner shall comply with the requirements of s. 767.25 (1n). A temporary
2order under sub. (1)
or (1c) may be based upon the written stipulation of the parties
,
3subject to the approval of the court or the family court commissioner. Temporary
4orders made by the family court commissioner may be reviewed by the court as
5provided in s. 767.13 (6).
AB442, s. 64
6Section
64. 767.23 (2) of the statutes is amended to read:
AB442,21,97
767.23
(2) Notice of motion for an order or order to show cause under sub. (1)
8or (1c) may be served at the time the action is commenced or at any time thereafter
9and shall be accompanied by an affidavit stating the basis for the request for relief.
AB442, s. 65
10Section
65. 767.24 (1) of the statutes is amended to read:
AB442,21,1811
767.24
(1) General provisions. In rendering a judgment of annulment, divorce
12or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (e),
13the there are rebuttable presumptions that both parents are fit and have the ability
14to rear their children, that both parents are qualified to decide what is best for their
15children and that joint legal custody and equal periods of physical placement are
16fundamental rights of each parent and child. The court shall make such provisions
17as it deems just and reasonable concerning the legal custody and physical placement
18of any minor child of the parties
, as
are provided in this section.
AB442, s. 66
19Section
66. 767.24 (2) (a) of the statutes is renumbered 767.24 (2) (a) (intro.)
20and amended to read:
AB442,21,2421
767.24
(2) (a) (intro.)
Subject to par. (b), based on the best interest of the child
22and after considering the factors under sub. (5), the The court may give
joint legal
23custody or sole legal custody of a minor child
.
to one parent if either of the following
24applies:
AB442, s. 67
25Section
67. 767.24 (2) (a) 1. and 2. of the statutes are created to read:
AB442,22,1
1767.24
(2) (a) 1. Both parties agree to sole legal custody with one parent.
AB442,22,32
2. The parental rights of one parent have been terminated under subch. VIII
3of ch. 48.
AB442, s. 68
4Section
68. 767.24 (2) (b) of the statutes is repealed and recreated to read:
AB442,22,65
767.24
(2) (b) The court shall give joint legal custody if one or both parties
6request joint legal custody.
AB442, s. 69
7Section
69. 767.24 (3) of the statutes is repealed.
AB442, s. 70
8Section
70. 767.24 (4) (a) of the statutes is amended to read:
AB442,22,149
767.24
(4) (a)
Except as provided under par. (b), if If the court orders sole
legal
10custody because the parties agree to it under sub. (2) (a) 1. or joint legal custody under
11sub. (2)
(b), the court shall allocate periods of physical placement between the parties
12in accordance with this subsection.
In determining the allocation of periods of
13physical placement, the court shall consider each case on the basis of the factors in
14sub. (5).
AB442, s. 71
15Section
71. 767.24 (4) (b) of the statutes is repealed and recreated to read:
AB442,22,2516
767.24
(4) (b) The court shall approve any written schedule for physical
17placement that the parties agree to and submit to the court. If the parties do not
18agree on a placement schedule, the court shall require each party to submit a
19placement proposal. The court shall approve the proposal submitted that sets forth
20the most equal allocation of periods of physical placement between the parties. If
21neither party proposes substantially equal periods of physical placement and each
22party proposes that he or she be awarded physical placement for the greater period
23of time, the court shall allocate equal alternating periods of physical placement
24between the parties and shall require that the parties annually alternate spending
25all of the following with the child:
AB442,23,1
11. New Year's Day.
AB442,23,33
3. Memorial Day.
AB442,23,44
4. Independence Day (July 4).
AB442,23,55
5. Labor Day.
AB442,23,66
6. Thanksgiving Day.
AB442,23,77
7. Christmas Eve.
AB442,23,88
8. Christmas Day.
AB442,23,99
9. New Year's Eve.
AB442,23,1010
10. The child's birthday.
AB442, s. 72
11Section
72. 767.24 (4) (cm) of the statutes is repealed.
AB442, s. 73
12Section
73. 767.24 (4) (d) of the statutes is amended to read:
AB442,23,1513
767.24
(4) (d)
If the The court
grants periods of physical placement to more than
14one parent, it shall order a parent with legal custody and physical placement rights
15to provide the notice required under s. 767.327
(1)
(2).
AB442, s. 74
16Section
74. 767.24 (5) of the statutes is repealed.
AB442, s. 75
17Section
75. 767.24 (6) (a) and (am) of the statutes are repealed.
AB442, s. 76
18Section
76. 767.24 (6) (b) of the statutes is amended to read:
AB442,23,2319
767.24
(6) (b)
Notwithstanding s. 767.001 (1s), in making an order of If the
20court awards joint legal custody, the
court may give one party parties may stipulate
21that one party has the sole power to make specified decisions, while both parties
22retain equal rights and responsibilities for other decisions.
The court shall
23incorporate the terms of the stipulation into the final judgment or order.
AB442, s. 77
24Section
77. 767.24 (6) (bm) of the statutes is created to read:
AB442,24,6
1767.24
(6) (bm) If the court awards joint legal custody, the parties may stipulate
2to the primary care physicians for a minor child, and the court shall incorporate the
3terms of the stipulation into the final judgment or order. If the parties do not agree
4on the primary care physicians, the court may specify the primary care physicians
5for a minor child after considering the child's present health care and health
6insurance arrangements and any orders made by the court under s. 767.25 (4m).
AB442, s. 78
7Section
78. 767.24 (6) (c) of the statutes is amended to read:
AB442,24,138
767.24
(6) (c)
In making an order of joint legal custody and periods of physical
9placement, the The court may specify one parent as the primary caretaker of the
10child and one home as the primary home of the child
, for the purpose of determining
11eligibility for aid under s. 49.19 or benefits under ss. 49.141 to 49.161
or for any other
12purpose the court considers appropriate only if both parents are dependent persons,
13as defined in s. 49.01 (2).
AB442, s. 79
14Section
79. 767.245 (1) of the statutes is amended to read:
AB442,24,2115
767.245
(1) Except as provided in sub. (2m), upon petition by a grandparent,
16greatgrandparent, stepparent or person who has maintained a relationship similar
17to a parent-child relationship with the child, the court may grant reasonable
18visitation rights to that person if the parents have notice of the hearing and if the
19court determines
that by a preponderance of the evidence that the visitation is
in the
20best interest of the child not harmful to the child or to the child's relationship with
21either of the child's parents.
AB442, s. 80
22Section
80. 767.245 (2) of the statutes is repealed.
AB442, s. 81
23Section
81. 767.245 (3) (intro.) of the statutes is amended to read:
AB442,25,224
767.245
(3) (intro.) The court may grant reasonable visitation rights, with
25respect to a child, to a grandparent of the child if the child's parents have notice of
1the hearing and the court determines
, by a preponderance of the evidence, all of the
2following:
AB442, s. 82
3Section
82. 767.245 (3) (f) of the statutes is amended to read:
AB442,25,54
767.245
(3) (f) The visitation is
in the best interest of the child not harmful to
5the child or to the child's relationship with either of the child's parents.
AB442, s. 83
6Section
83. 767.245 (3m) (c) of the statutes is amended to read:
AB442,25,97
767.245
(3m) (c) If a party or
the
any guardian ad litem
appointed under s.
848.235 refuses to accept a recommendation under this subsection, the action shall be
9set for trial.
AB442, s. 84
10Section
84. 767.25 (2) of the statutes is amended to read:
AB442,25,1411
767.25
(2) The court may
protect and promote the best interests of the minor
12children by setting set aside a portion of the child support which either party is
13ordered to pay in a separate fund or trust for the support, education and welfare of
14such children.
AB442, s. 85
15Section
85. 767.255 (1) of the statutes is amended to read:
AB442,25,2416
767.255
(1) Upon every judgment of annulment, divorce or legal separation, or
17in rendering a judgment in an action under s. 767.02 (1) (h), the court shall divide
18the property of the parties and divest and transfer the title of any such property
19accordingly. A certified copy of the portion of the judgment that affects title to real
20estate shall be recorded in the office of the register of deeds of the county in which
21the lands so affected are situated. The court may
protect and promote the best
22interests of the children by setting set aside a portion of the property of the parties
23in a separate fund or trust for the support, maintenance, education and general
24welfare of any minor children of the parties.
AB442, s. 86
25Section
86. 767.265 (3h) of the statutes is amended to read:
AB442,26,13
1767.265
(3h) A person who receives notice of assignment under this section or
2s. 767.23
(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) or similar laws of another
3state shall withhold the amount specified in the notice from any money that person
4pays to the payer later than one week after receipt of notice of assignment. Within
55 days after the day the person pays money to the payer, the person shall send the
6amount withheld to the clerk of court or support collection designee, whichever is
7appropriate, of the jurisdiction providing notice or, in the case of an amount ordered
8withheld for health care expenses, to the appropriate health care insurer, provider
9or plan. Except as provided in sub. (3m), for each payment sent to the clerk of court
10or support collection designee, the person from whom the payer receives money shall
11receive an amount equal to the person's necessary disbursements, not to exceed $3,
12which shall be deducted from the money to be paid to the payer. Section 241.09 does
13not apply to assignments under this section.
AB442, s. 87
14Section
87. 767.265 (4) of the statutes is amended to read:
AB442,26,1715
767.265
(4) A withholding assignment or order under this section or s. 767.23
16(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) has priority over any other
17assignment, garnishment or similar legal process under state law.
AB442, s. 88
18Section
88. 767.265 (6) (a) of the statutes is amended to read:
AB442,27,219
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
20assignment the person from whom the payer receives money fails to withhold the
21money or send the money to the clerk of court or support collection designee or the
22appropriate health care insurer, provider or plan as provided in this section or s.
23767.23
(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c), the person may be proceeded
24against under the principal action under ch. 785 for contempt of court or may be
25proceeded against under ch. 778 and be required to forfeit not less than $50 nor more
1than an amount, if the amount exceeds $50, that is equal to 1% of the amount not
2withheld or sent.
AB442, s. 89
3Section
89. 767.265 (6) (b) of the statutes is amended to read:
AB442,27,94
767.265
(6) (b) If an employer who receives an assignment under this section
5or s. 767.23
(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) fails to notify the clerk
6of court or support collection designee, whichever is appropriate, within 10 days after
7an employe is terminated or otherwise temporarily or permanently leaves
8employment, the employer may be proceeded against under the principal action
9under ch. 785 for contempt of court.
AB442, s. 90
10Section
90. 767.265 (6) (c) of the statutes is amended to read:
AB442,27,1911
767.265
(6) (c) No employer may use an assignment under this section or s.
12767.23
(1) (L) (1c) (i), 767.25 (4m) (c) or 767.51 (3m) (c) as a basis for the denial of
13employment to a person, the discharge of an employe or any disciplinary action
14against an employe. An employer who denies employment or discharges or
15disciplines an employe in violation of this paragraph may be fined not more than
16$500 and may be required to make full restitution to the aggrieved person, including
17reinstatement and back pay. Except as provided in this paragraph, restitution shall
18be in accordance with s. 973.20. An aggrieved person may apply to the district
19attorney or to the department for enforcement of this paragraph.