SB202: Bill Text

SB202,11,14 (2) (a) The attorney responsible for support enforcement under s. 59.53 (6) (a) may request that the court or family court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been adjudicated for the purpose of determining the paternity of the child, and the court or family court commissioner shall appoint a guardian ad litem, if any of the following applies:

SB202,11,18 1. Aid is provided under s. 46.261, 48.57 (3m), 49.19 or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

SB202,11,22 2. An application for legal services has been filed with the child support program under s. 49.22 on behalf of the child, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

SB202,12,2 (b) A guardian ad litem appointed under par. (a) shall bring an action or motion for the determination of the child's paternity. The appointment of a guardian ad litem under par. (a) terminates upon the entry of the court's order determining the existence or nonexistence of paternity.

SB202, s. 18 Section 18. 767.05 (1m) of the statutes is amended to read:

SB202,12,14 767.05 (1m) Residence. No action under s. 767.02 (1) (a) or (b) may be brought unless at least one of the parties has been a bona fide resident of the county in which the action is brought for not less than 30 days 6 months next preceding the commencement of the action, or unless the marriage has been contracted within this state within one year prior to the commencement of the action. No action under s. 767.02 (1) (c) or (d) may be brought unless at least one of the parties has been a bona fide resident of the county in which the action is brought for not less than 30 days 6 months next preceding the commencement of the action. No action under s. 767.02 (1) (c) may be brought unless at least one of the parties has been a bona fide resident of this state for not less than 6 months next preceding the commencement of the action.

SB202, s. 19 Section 19. 767.081 (2) (a) (intro.) of the statutes is amended to read:

SB202,12,18 767.081 (2) (a) (intro.) The family court commissioner shall, with or without charge, provide the party with written information on the following, as appropriate to the action commenced:

SB202, s. 20 Section 20. 767.083 (2) of the statutes is amended to read:

SB202,12,24 767.083 (2) An order by the court, after consideration of the recommendation of the family court commissioner, directing an immediate hearing on the petition for the protection of the health or safety of either of the parties or of any child of the marriage parties or for other emergency reasons consistent with the policies of this chapter. The court shall upon granting such order specify the grounds therefor.

SB202, s. 21 Section 21. 767.085 (1) (a) of the statutes is amended to read:

SB202,13,3 767.085 (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 and the facts relating to the residence of both parties.

SB202, s. 22 Section 22. 767.085 (1) (j) (intro.) of the statutes is amended to read:

SB202,13,8 767.085 (1) (j) (intro.) Unless the action is one under s. 767.02 (1) (g) or (h), that during the pendency of the action, the parties are prohibited from, and may be held in contempt of court for, doing any of the following without the consent of the other party or an order of the court or family court commissioner:

SB202, s. 23 Section 23. 767.085 (1) (j) 1. of the statutes is amended to read:

SB202,13,14 767.085 (1) (j) 1. Establishing a residence with for a minor child of the parties outside the state or more than 150 miles from the residence of the other party within the state school district in which the child resided on the 180th day before the commencement of the action, or since birth if the child is less than 6 months old, or other school district agreed upon by the parties.

SB202, s. 24 Section 24. 767.085 (1) (j) 2. of the statutes is amended to read:

SB202,13,17 767.085 (1) (j) 2. Removing a minor child of the parties from the state for more than 90 14 consecutive days or more without the written approval of the other party.

SB202, s. 25 Section 25. 767.085 (2) (a) of the statutes is amended to read:

SB202,13,21 767.085 (2) (a) Either or both of the parties to the marriage 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.

SB202, s. 26 Section 26. 767.087 (1) (c) of the statutes is amended to read:

SB202,14,6 767.087 (1) (c) Unless the action is one under s. 767.02 (1) (g) or (h), without the consent of the other party or an order of the court or family court commissioner, establishing a residence with for a minor child of the parties outside the state or more than 150 miles from the residence of the other party within the state school district in which the child resided on the 180th day before the commencement of the action, or since birth if the child is less than 6 months old, or other school district agreed upon by the parties, removing a minor child of the parties from the state for more than 90 14 consecutive days or more without the written approval of the other party or concealing a minor child of the parties from the other party.

SB202, s. 27 Section 27. 767.087 (2) of the statutes is amended to read:

SB202,14,10 767.087 (2) The prohibitions under sub. (1) shall apply until the action is dismissed, or until a final judgment in the action is entered or until the court or family court commissioner orders otherwise.

SB202, s. 28 Section 28. 767.087 (3) (b) of the statutes is amended to read:

SB202,14,17 767.087 (3) (b) An act in violation of sub. (1) (c) is not a contempt of court if the court finds that the action was taken to protect a party or by clear and convincing evidence that the party took the action to protect a minor child of the parties from physical abuse by the other party and that there was no reasonable opportunity under the circumstances for the party and that the party obtained or made a reasonable attempt to obtain an order under sub. (2) authorizing the action.

SB202, s. 29 Section 29. 767.10 (1) of the statutes is amended to read:

SB202,14,23 767.10 (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.

SB202, s. 30 Section 30. 767.11 (8) (b) (intro.) of the statutes is amended to read:

SB202,15,6 767.11 (8) (b) (intro.) A court may, in its discretion, shall hold a trial or hearing without requiring attendance at the session under par. (a) if the court finds that attending the session will cause undue hardship or would endanger the health or safety of one of the parties. In making its determination of whether attendance at the session would endanger the health or safety of one of the parties, the court shall consider evidence all of the following:

SB202, s. 31 Section 31. 767.11 (8) (b) 1. of the statutes is amended to read:

SB202,15,10 767.11 (8) (b) 1. That Whether a party engaged in has been convicted of a crime involving abuse, as defined in s. 813.122 (1) (a) 48.02 (1), of the child, as defined in s. 48.02 (2).

SB202, s. 32 Section 32. 767.11 (8) (b) 2. of the statutes is amended to read:

SB202,15,14 767.11 (8) (b) 2. Interspousal Whether a party has been convicted of battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a) against the other party.

SB202, s. 33 Section 33. 767.11 (8) (b) 3. of the statutes is repealed.

SB202, s. 34 Section 34. 767.11 (8) (b) 4. of the statutes is amended to read:

SB202,15,18 767.11 (8) (b) 4. Any other clear and convincing evidence indicating that a party's health or safety will be endangered by attending the session.

SB202, s. 35 Section 35. 767.11 (9) (intro.) and (b) of the statutes are consolidated, renumbered 767.11 (9) and amended to read:

SB202,15,25 767.11 (9) Prohibited issues in mediation. If mediation is provided by a mediator assigned under sub. (6), no issue relating to property division, maintenance or child support may be considered during the mediation unless all of the following apply: (b) The the parties agree in writing to consider the property division, maintenance or child support issue.

SB202, s. 36 Section 36. 767.11 (9) (a) of the statutes is repealed.

SB202, s. 37 Section 37. 767.11 (10) (intro.) of the statutes is amended to read:

SB202,16,5 767.11 (10) Powers and duties of mediator. (intro.) A mediator assigned under sub. (6) shall be guided by the best interest of the child and may do any of the following, at his or her discretion:

SB202, s. 38 Section 38. 767.11 (10) (a) of the statutes is amended to read:

SB202,16,8 767.11 (10) (a) Include the counsel of any party or any appointed both parties and any guardian ad litem appointed under s. 48.235 in the mediation.

SB202, s. 39 Section 39. 767.11 (10) (b) of the statutes is amended to read:

SB202,16,11 767.11 (10) (b) Interview any child of the parties , with or without a party neither of the parties present or with both of the parties present.

SB202, s. 40 Section 40. 767.11 (10) (e) (intro.) and 4. of the statutes are consolidated, renumbered 767.11 (10) (e) and amended to read:

SB202,16,17 767.11 (10) (e) Terminate mediation if a party does not cooperate or if mediation is not appropriate or if any of the following facts exist: 4. Other evidence which indicates one of the parties' that the health or safety of one of the parties will be endangered if mediation is not terminated.

SB202, s. 41 Section 41. 767.11 (10) (e) 1. to 3. of the statutes are repealed.

SB202, s. 42 Section 42. 767.11 (12) (a) and (b) of the statutes are amended to read:

SB202,17,11 767.11 (12) (a) Any agreement which resolves issues of legal custody or periods of physical placement between the parties reached as a result of mediation under this section shall be prepared in writing, reviewed by the attorney, if any, for each party and by any appointed guardian ad litem appointed under s. 48.235, and submitted to the court to be included in the court order as a stipulation. Any reviewing attorney or guardian ad litem shall certify on the mediation agreement that he or she reviewed it and the guardian ad litem, if any, shall comment on the agreement based on the best interest of the child. The mediator shall certify, that the written mediation agreement is in the best interest of the child based on the information presented to the mediator and that it accurately reflects the agreement made between the parties. The court may approve or reject the agreement, based on the best interest of the child. The court shall state in writing its reasons for rejecting an agreement shall approve the agreement if the court finds that the agreement is knowingly and voluntarily made. If the court as a matter of law finds that any aspect of the agreement is unconscionable, the court shall reject the unconscionable aspect or so limit the application of the unconscionable aspect as to avoid any unconscionable result.

SB202,17,21 (b) If after mediation under this section the parties do not reach agreement on legal custody or periods of physical placement, the parties or the mediator shall so notify the court. The court shall promptly appoint a guardian ad litem under s. 767.045. After the appointment the court shall, if appropriate, refer the matter for a legal custody or physical placement study under sub. (14). If the parties come to agreement on legal custody or physical placement after the matter has been referred for a study, the study shall be terminated. The parties may return to mediation at any time before any trial of or final hearing on legal custody or periods of physical placement. If the parties return to mediation, the county shall collect any applicable fee under s. 814.615.

SB202, s. 43 Section 43. 767.11 (14) (a) 1. of the statutes is amended to read:

SB202,17,23 767.11 (14) (a) 1. The conditions of the child's each parent's home.

SB202, s. 44 Section 44. 767.11 (14) (a) 2. of the statutes is amended to read:

SB202,18,2 767.11 (14) (a) 2. Each party's performance of parental duties and responsibilities relating to the basic care of the child.

SB202, s. 45 Section 45. 767.11 (14) (a) 3. of the statutes is repealed.

SB202, s. 46 Section 46. 767.11 (14) (b) of the statutes is amended to read:

SB202,18,13 767.11 (14) (b) The person or entity investigating the parties under par. (a) shall complete the investigation and submit the results to the court. The court shall make the results available to both parties. The report shall be a part of the record in the action unless the court orders otherwise. The report shall not be considered as a recommendation as to legal custody or physical placement but as evidence relating to the condition of each parent's home and the ability of each parent to provide basic care for the child and may be considered by the court for the purpose of determining whether to order the filing of a petition under s. 48.25 (1) to initiate proceedings under s. 48.13.

SB202, s. 47 Section 47. 767.115 (title) and (1) of the statutes are amended to read:

SB202,19,2 767.115 (title) Educational program on the effects of divorce family breakup on children. (1) 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 a child of a dissolution of the marriage break in the family relationship. A program under this subsection shall be educational rather than therapeutic in nature and may not exceed a total of 4 hours in length. The parties shall be responsible for the cost, if any, of attendance at the program. The court or family court commissioner may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.

SB202, s. 48 Section 48. 767.14 of the statutes is amended to read:

SB202,19,12 767.14 Service on and appearance by family court commissioner. In any action affecting the family, each party shall, either within 20 days after making service on the opposite party of any petition or pleading or before filing such petition or pleading in court, serve a copy of the same upon the family court commissioner of the county in which the action is begun, whether such action is contested or not. No judgment in any such action shall be granted unless this section is complied with except when otherwise ordered by the court. Such commissioner may shall appear in an action under this chapter when appropriate; and shall appear when requested by the court or by a party.

SB202, s. 49 Section 49. 767.23 (1) (intro.) of the statutes is amended to read:

SB202,19,17 767.23 (1) (intro.) Except as provided in ch. 822, in every action affecting the family, including a paternity action after paternity has been adjudicated, the court or family court commissioner may shall, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

SB202, s. 50 Section 50. 767.23 (1) (a) of the statutes is amended to read:

SB202,19,24 767.23 (1) (a) Upon request of one party, granting Granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under s. 767.24 (3). The court or family court commissioner may order joint legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. parties. This order may not have a binding effect on a final custody determination.

SB202, s. 51 Section 51. 767.23 (1) (am) of the statutes is repealed and recreated to read:

SB202,20,3 767.23 (1) (am) Granting equal periods of physical placement to the parties unless the parties agree to a different physical placement allocation or unless a conflicting order under s. 48.345 or subch. VI of ch. 938 is in effect.

SB202, s. 52 Section 52. 767.23 (1) (bm) of the statutes is repealed.

SB202, s. 53 Section 53. 767.23 (1) (c) of the statutes is renumbered 767.23 (1c) (a).

SB202, s. 54 Section 54. 767.23 (1) (d) of the statutes is renumbered 767.23 (1c) (b).

SB202, s. 55 Section 55. 767.23 (1) (e) of the statutes is renumbered 767.23 (1c) (c).

SB202, s. 56 Section 56. 767.23 (1) (f) of the statutes is renumbered 767.23 (1c) (d).

SB202, s. 57 Section 57. 767.23 (1) (g) of the statutes is renumbered 767.23 (1c) (e).

SB202, s. 58 Section 58. 767.23 (1) (h) of the statutes is renumbered 767.23 (1c) (f).

SB202, s. 59 Section 59. 767.23 (1) (i) of the statutes is renumbered 767.23 (1c) (g).

SB202, s. 60 Section 60. 767.23 (1) (k) of the statutes is renumbered 767.23 (1c) (h).

SB202, s. 61 Section 61. 767.23 (1) (L) of the statutes is renumbered 767.23 (1c) (i).

SB202, s. 62 Section 62. 767.23 (1c) (intro.) of the statutes is created to read:

SB202,20,17 767.23 (1c) (intro.) In every action affecting the family, the court or family court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:

SB202, s. 63 Section 63. 767.23 (1n) of the statutes is amended to read:

SB202,21,5 767.23 (1n) Before Except as provided in sub. (1) (a) and (am), before making any temporary order under sub. (1) or (1c), the court or family court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. If the court or family court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) or (1c) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

SB202, s. 64 Section 64. 767.23 (2) of the statutes is amended to read:

SB202,21,9 767.23 (2) Notice of motion for an order or order to show cause under sub. (1) or (1c) may be served at the time the action is commenced or at any time thereafter and shall be accompanied by an affidavit stating the basis for the request for relief.

SB202, s. 65 Section 65. 767.24 (1) of the statutes is amended to read:

SB202,21,18 767.24 (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), the there are rebuttable presumptions that both parents are fit and have the ability to rear their children, that both parents are qualified to decide what is best for their children and that joint legal custody and equal periods of physical placement are fundamental rights of each parent and child. 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 are provided in this section.

SB202, s. 66 Section 66. 767.24 (2) (a) of the statutes is renumbered 767.24 (2) (a) (intro.) and amended to read:

SB202,21,24 767.24 (2) (a) (intro.) Subject to par. (b), based on the best interest of the child and after considering the factors under sub. (5), the The court may give joint legal custody or sole legal custody of a minor child. to one parent if either of the following applies: