AB859: Bill Text

4. The person has been in a parental role for a length of time sufficient for the person to have established with the minor a bonded, dependent relationship that is parental in nature.

5. The person states that he or she agrees to serve as guardian or temporary guardian if appointed by the juvenile court.

The bill also requires the juvenile court, if one parent of a minor is deceased and if the deceased parent did not nominate a guardian by will, to appoint as guardian or temporary guardian of the person or of the estate, or both, of the minor a person who states that he or she agrees to serve as guardian or temporary guardian if appointed by the juvenile court and whose appointment is consented to by the surviving parent, unless the juvenile court finds that the appointment is not in the best interests of the minor.

Under current law, if one or both of the parents of a minor are deceased, a grandparent or stepparent may petition the juvenile court for visitation privileges with respect to the minor and the juvenile court may grant reasonable visitation privileges to the grandparent or stepparent if the surviving parent or other person who has custody of the minor has notice of the hearing on the petition and if the juvenile court determines that the visitation is in the best interests of the minor.

This bill permits a person who is not a parent of a minor, but who has resided with the minor and a parent of the minor prior to the parent's death and who has maintained a relationship similar to a parent-child relationship with the minor within 2 years prior to the date on which a petition for visitation privileges is filed to petition the juvenile court for visitation privileges with respect to the minor in the same manner as a grandparent or stepparent may petition for visitation privileges under current law. The bill also permits a juvenile court to grant reasonable visitation privileges to such a person on the same basis as the juvenile court may grant visitation privileges to a grandparent or stepparent under current law.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB859, s. 1 Section 1. 48.81 of the statutes is repealed and recreated to read:

AB859,4,4 48.81 Who may be adopted. Any child who is present in this state at the time that the petition for adoption is filed may be adopted if any of the following criteria is met:

AB859,4,5 (1) Both of the child's parents are deceased.

AB859,5,2 (2) The parental rights of both the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.

AB859,5,5 (3) The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction and the child's other parent is deceased.

AB859,5,9 (4) The child was born as a result of artificial insemination under the circumstances described in s. 891.40 (2), the child has only one parent and that parent is deceased or the parental rights of that parent with respect to that child have been terminated under subch. VIII or in another state or foreign jurisdiction.

AB859,5,12 (5) The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction or one of the child's parents is deceased and all of the following apply:

AB859,5,14 (a) The person filing the petition for adoption is the spouse of the child's remaining parent.

AB859,5,16 (b) The child and the child's remaining parent reside in the same home with the person filing the petition for adoption.

AB859,5,19 (6) The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction or one of the child's parents is deceased and all of the following apply:

AB859,5,21 (a) The person filing the petition for adoption is an unmarried adult with whom the child and the child's remaining parent reside in the same home.

AB859,5,24 (b) The person filing the petition for adoption has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

AB859,6,2 (c) The child's remaining parent has custody, as defined in s. 48.835 (1), of the child.

AB859,6,3 (d) The child's remaining parent consents to the adoption.

AB859,6,5 (7) The child has 2 living parents, but only one of those parents has custody, as defined in s. 48.835 (1), of the child, and all of the following apply:

AB859,6,7 (a) The person filing the petition for adoption is an unmarried adult with whom the child and the parent who has custody of the child reside in the same home.

AB859,6,10 (b) The person filing the petition for adoption has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

AB859,6,11 (c) The parent who has custody of the child consents to the adoption.

AB859,6,13 (d) The parental rights of the parent who does not have custody of the child are terminated under subch. VIII.

AB859,6,17 (8) The child was born as a result of artificial insemination under the circumstances described in s. 891.40 (2), the child has only one living parent, that parent has custody, as defined in s. 48.835 (1), of the child and any of the following applies:

AB859,6,20 (a) The person filing the petition for adoption is the spouse of the child's parent and the child and the child's parent reside in the same home with the person filling the petition for adoption.

AB859,6,25 (b) The person filing the petition for adoption is an unmarried adult with whom the child and the child's parent reside in the same home, the person filing the petition for adoption has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship and the child's parent consents to the adoption.

AB859,7,1 (9) Section 48.839 (3) (b) applies.

AB859,7,2 (10) The child is being readopted under s. 48.97.

AB859, s. 2 Section 2. 48.82 (1) (c) of the statutes is created to read:

AB859,7,5 48.82 (1) (c) Two unmarried adults who reside together in the same home, jointly.

AB859, s. 3 Section 3. 48.835 (title) of the statutes is amended to read:

AB859,7,8 48.835 (title) Placement of children with relatives and certain unmarried adults for adoption.

AB859, s. 4 Section 4. 48.835 (1) of the statutes is amended to read:

AB859,7,14 48.835 (1) Definition. In this section and s. ss. 48.837 and 48.90, "custody" means physical custody of a child by the child's parent not in violation of a custody order issued by a court. "Custody" does not include physical custody of a child during a period of physical placement with a parent who does not have legal custody of the child.

AB859, s. 5 Section 5. 48.835 (2) of the statutes is amended to read:

AB859,7,18 48.835 (2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative or in the home of the parent and an unmarried adult as described in s. 48.90 (1) (e) or (f) without a court order.

AB859, s. 6 Section 6. 48.835 (3) of the statutes is amended to read:

AB859,7,25 48.835 (3) Petition for termination of parental rights required; exception. (a) If the child's parent has not filed a petition for the termination of parental rights under s. 48.42, the relative with whom the child is placed or an unmarried adult described in s. 48.90 (1) (f) shall file a petition for the termination of the parents' rights at the same time the petition for adoption is filed, except as provided under par. (b).

AB859,8,4 (b) If the person filing the adoption petition is a stepparent with whom the child and the child's parent reside or an unmarried adult described in s. 48.90 (1) (f), the stepparent or unmarried adult shall file only a petition to terminate the parental rights of the parent who does not have custody of the child.

AB859, s. 7 Section 7. 48.90 (1) (e) of the statutes is created to read:

AB859,8,7 48.90 (1) (e) The petitioner is an unmarried adult, the child who is the subject of the petition has only one living parent and all of the following apply:

AB859,8,8 1. The child and the child's parent reside in the same home with the petitioner.

AB859,8,10 2. The petitioner has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

AB859,8,11 3. The child's parent has custody of the child.

AB859,8,13 4. The petition is accompanied by a written consent to the adoption signed by the child's parent.

AB859, s. 8 Section 8. 48.90 (1) (f) of the statutes is created to read:

AB859,8,17 48.90 (1) (f) The petitioner is an unmarried adult, the child who is the subject of the petition has 2 living parents, but only one of those parents has custody of the child and all of the following apply:

AB859,8,19 1. The child and the parent who has custody of the child reside in the same home with the petitioner.

AB859,8,21 2. The petitioner has maintained and is maintaining a relationship with the child that is similar to a parent-child relationship.

AB859,8,23 3. The petition is accompanied by a written consent to the adoption signed by the parent who has custody of the child.

AB859,8,25 4. The petition is accompanied by a petition for the termination of parental rights of the parent who does not have custody of the child.

AB859, s. 9 Section 9. 49.90 (2r) of the statutes is amended to read:

AB859,9,4 49.90 (2r) An action under sub. (2) or (2g) for maintenance of a grandchild by a grandparent may be joined with an action to determine paternity under s. 767.45 (1) or an action for child support under s. 767.02 (1) (f) or, (j) or (n) or 767.08, or both.

AB859, s. 10 Section 10. 565.30 (5m) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 378), is amended to read:

AB859,9,17 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or , (g), (j) or (n), 767.10, 767.23, 767.25, 767.26, 767.261, 767.465 (2m), 767.51 (3) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of workforce development.

AB859, s. 11 Section 11. 767.02 (1) (n) of the statutes is created to read:

AB859,9,25 767.02 (1) (n) For custody, child support or periods of physical placement of a child who has been adopted by an unmarried adult under the circumstances specified in s. 48.81 (6), (7) or (8) (b) or by 2 unmarried adults jointly, whose parents no longer reside together with the child in the same home and one or both of whose parents do not intend, in the future, either to reside together with the child in the same home or to permit the other parent to reside with the child and that parent in the same home.

AB859, s. 12 Section 12. 767.05 (5) of the statutes is amended to read:

AB859,10,10 767.05 (5) Title of actions. An action affecting the family under s. 767.02 (1) (a) to (d) or (g) to (k) shall be entitled "In re the marriage of A.B. and C.D.", except that an independent action for visitation under s.767.245 (3) shall be entitled "In re visitation with A. B.". An action affecting the family under s. 767.02 (1) (f) or (m) shall be entitled "In re the support of A.B.". A child custody action shall be entitled "In re the custody of A.B.". An action affecting the family under s. 767.02 (1) (n) shall be entitled "In re the custody, support and physical placement of A. B.", whichever is applicable. In all other respects, the general provisions of chs. 801 and 802 respecting the content and form of the summons and pleadings shall apply.

AB859, s. 13 Section 13. 767.077 (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB859,10,18 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or (n) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all of the following apply:

AB859, s. 14 Section 14. 767.085 (1) (a) of the statutes is amended to read:

AB859,10,23 767.085 (1) (a) The name and birthdate of the parties, the social security numbers of the husband and wife parties and their occupations, the date and place of marriage, if the parties are married, and the facts relating to the residence of both the parties.

AB859, s. 15 Section 15. 767.085 (1) (b) of the statutes is amended to read:

AB859,11,3 767.085 (1) (b) The name and birthdate of each minor child of the parties and each other child born to the wife a party during the marriage, if the parties are married, and whether the wife a party is pregnant.

AB859, s. 16 Section 16. 767.085 (2) (a) of the statutes is amended to read:

AB859,11,8 767.085 (2) (a) Either or both of the parties to the a marriage or either or both of the parents of a child may initiate the action. The party initiating the action or his or her attorney shall sign the petition. Both parties or their respective attorneys shall sign a joint petition.

AB859, s. 17 Section 17. 767.10 (1) of the statutes is amended to read:

AB859,11,17 767.10 (1) The parties in an action for an annulment, divorce or legal separation may, subject to the approval of the court, stipulate for a division of property, for maintenance payments, for the support of children, for periodic family support payments under s. 767.261 or for legal custody and physical placement, in case a divorce or legal separation is granted or a marriage annulled. The parties in an action for custody, child support or periods of physical placement of a child may, subject to the approval of the court, stipulate for the support of the child, for legal custody of the child or for periods of physical placement of the child.

AB859, s. 18 Section 18. 767.115 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 270), is amended to read:

AB859,12,2 767.115 (1) (a) At any time during the pendency of an action affecting the family in which a minor child is involved and in which the court or family court commissioner determines that it is appropriate and in the best interest of the child, the court or family court commissioner, on its own motion, may order the parties to attend a program specified by the court or family court commissioner concerning the effects on what happens to a child of a dissolution of the marriage if the child's parents divorce, legally separate or cease residing together in the same home.

AB859, s. 19 Section 19. 767.21 (1) (a) of the statutes is amended to read:

AB859,12,13 767.21 (1) (a) Full faith and credit shall be given in all courts of this state to a judgment in any action affecting the family, except an action relating to child custody, by a court of competent jurisdiction in another state, territory or possession of the United States, when both spouses parties personally appear or when the respondent has been personally served. Full faith and credit shall also be given in all courts of this state to the amount of arrearages owed for nonpayment or late payment of a child support, family support or maintenance payment under an order issued by a court of competent jurisdiction in another state, territory or possession of the United States. A court in this state may not adjust the amount of arrearages owed except as provided in s. 767.32 (1m).

AB859, s. 20 Section 20. 767.24 (1) of the statutes is amended to read:

AB859,12,20 767.24 (1) General provisions. In rendering a judgment of annulment, divorce or legal separation, or in rendering a judgment in an action under s. 767.02 (1) (e) or (k) or an action under s. 767.02 (1) (n) relating to custody or physical placement, the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.

AB859, s. 21 Section 21. 767.25 (1) (intro.) of the statutes is amended to read:

AB859,13,2 767.25 (1) (intro.)  Whenever the court approves a stipulation for child support under s. 767.10, enters a judgment of annulment, divorce or legal separation, or enters an order or a judgment in an action under s. 767.02 (1) (f) or (j) or 767.08 or an action under s. 767.02 (1) (n) relating to child support, the court shall do all of the following:

AB859, s. 22 Section 22. 767.25 (1m) (c) of the statutes is amended to read:

AB859,13,6 767.25 (1m) (c) The standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation or had the child's parents not ceased residing together in the same home.

AB859, s. 23 Section 23. 767.25 (4m) (b) of the statutes is amended to read:

AB859,13,25 767.25 (4m) (b) In addition to ordering child support for a child under sub. (1), the court shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses. In assigning responsibility for a child's health care expenses, the court shall consider whether a child is covered under a parent's health insurance policy or plan at the time the court approves a stipulation for child support under s. 767.10, enters a judgment of annulment, divorce or legal separation, or enters an order or a judgment in an action under s. 767.02 (1) (f) or (j) or 767.08 or an action under s. 767.02 (1) (n) relating to child support, the availability of health insurance to each parent through an employer or other organization, the extent of coverage available to a child and the costs to the parent for the coverage of the child. A parent may be required to initiate or continue health care insurance coverage for a child under this subsection. If a parent is required to do so, he or she shall provide copies of necessary program or policy identification to the custodial parent and is liable for any health care costs for which he or she receives direct payment from an insurer. This subsection shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which are in addition to and not inconsistent with this subsection.

AB859, s. 24 Section 24. 801.05 (11) of the statutes is amended to read:

AB859,14,13 801.05 (11) (title) Certain marital actions affecting the family. In addition to personal jurisdiction under sub. (1) and s. 801.06, in any action affecting the family, except for actions under ch. 769, in which a personal claim is asserted against the respondent commenced in the county in which the petitioner resides at the commencement of the action when the respondent resided in this state in marital relationship with the petitioner for not less than 6 consecutive months within the 6 years next preceding the commencement of the action and the respondent is served personally under s. 801.11. The effect of any determination of a child's custody shall not be binding personally against any parent or guardian unless the parent or guardian has been made personally subject to the jurisdiction of the court in the action as provided under this chapter or has been notified under s. 822.05 as provided in s. 822.12.

AB859, s. 25 Section 25. 880.09 (2) of the statutes is renumbered 880.09 (2) (a).

AB859, s. 26 Section 26. 880.09 (2) (b) of the statutes is created to read: