AB400: Bill Text

6. Current law sets out factors that the court must consider for making its determinations, such as whether the proposed action is reasonable and the nature and extent of the child's relationship with parent B, and one factor that the court may consider: the child's adjustment to the home, school, religion, and community. The bill eliminates the factor that the court may, but is not required to, consider.

7. Finally, the bill provides that, if the court does not prohibit the move or removal, the court must require parent A to pay for any additional transportation costs that parent B incurs in exercising physical placement with the child as a result of the move or removal.

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

AB400, s. 1 Section 1. 767.327 (1) (a) 2. of the statutes is amended to read:

AB400,3,4 767.327 (1) (a) 2. Establish Except as provided in subd. 2m., establish his or her legal residence with the child at any location within this state that is at a distance of 150 miles or more from the other parent.

AB400, s. 2 Section 2. 767.327 (1) (a) 2m. of the statutes is created to read:

AB400,3,8 767.327 (1) (a) 2m. If the parent's current residence is less than 20 miles from the other parent, establish his or her legal residence with the child at any location within this state that is at a distance of 20 miles or more from the other parent.

AB400, s. 3 Section 3. 767.327 (2) (b) of the statutes is renumbered 767.327 (2) (b) 1.

AB400, s. 4 Section 4. 767.327 (2) (b) 2. of the statutes is created to read:

AB400,4,2 767.327 (2) (b) 2. If a parent under subd. 1. moves with or removes the child in violation of subd. 1., the court shall find the parent in contempt of court under ch. 785, upon the motion of the parent filing the notice of objection under par. (a), and shall order the parent under subd. 1. to pay the court costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred by the parent filing the notice of objection.

AB400, s. 5 Section 5. 767.327 (3) (a) 1. (intro.) of the statutes is amended to read:

AB400,4,11 767.327 (3) (a) 1. (intro.) Except as provided under par. (b), if the parent proposing the move or removal has sole legal or joint legal custody of the child and has physical placement with the child resides with that parent for the greater period for at least 90 percent of time, the parent objecting to the move or removal may file a petition, motion, or order to show cause for modification of the legal custody or physical placement order affecting the child. The court may modify the legal custody or physical placement order if, after considering the factors under sub. (5), the court finds all of the following:

AB400, s. 6 Section 6. 767.327 (3) (a) 2. a. of the statutes is amended to read:

AB400,4,18 767.327 (3) (a) 2. a. There is a rebuttable presumption that continuing the current allocation of decision making under a legal custody order or continuing the child's current allocation of physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child. This presumption may be overcome by a showing that the move or removal is unreasonable and not in the best interest of the child.

AB400, s. 7 Section 7. 767.327 (3) (b) 1. (intro.) of the statutes is amended to read:

AB400,5,2 767.327 (3) (b) 1. (intro.) If the parents have parent proposing the move or removal has sole legal or joint legal custody of the child and substantially equal periods of has physical placement with the child for less than 90 percent of the time, either parent may file a petition, motion, or order to show cause for modification of the legal custody or physical placement order. The court may shall modify an order of legal custody or physical placement if, after considering the factors under sub. (5), the court finds all of the following:

AB400, s. 8 Section 8. 767.327 (3) (b) 1. a. of the statutes is amended to read:

AB400,5,6 767.327 (3) (b) 1. a. Circumstances make it impractical for the parties to continue to have substantially equal periods the current allocation of physical placement.

AB400, s. 9 Section 9. 767.327 (3) (b) 1m. of the statutes is created to read:

AB400,5,10 767.327 (3) (b) 1m. With respect to subd. 1., there is a rebuttable presumption that it is in the child's best interest to remain in the community to which the child has become adjusted before the proposed move or removal.

AB400, s. 10 Section 10. 767.327 (3) (b) 2. of the statutes is amended to read:

AB400,5,13 767.327 (3) (b) 2. Under this paragraph, the burden of proof is on the parent filing the petition, motion or order to show cause proposing the move or removal.

AB400, s. 11 Section 11. 767.327 (3) (c) 1. of the statutes is amended to read:

AB400,5,24 767.327 (3) (c) 1. If the parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that parent for the greater period of time or the parents have substantially equal periods of physical placement with the child, regardless of the allocation of physical placement, as an alternative to the petition, motion, or order to show cause under par. (a) or (b), the parent objecting to the move or removal may file a petition, motion, or order to show cause for an order prohibiting the move or removal. The court may shall prohibit the move or removal if unless, after considering the factors under sub. (5), the court finds that the prohibition is in prohibiting the move or removal would be harmful to the best interest of the child.

AB400, s. 12 Section 12. 767.327 (3) (c) 2. of the statutes is amended to read:

AB400,6,2 767.327 (3) (c) 2. Under this paragraph, the burden of proof is on the parent objecting to proposing the move or removal.

AB400, s. 13 Section 13. 767.327 (4m) of the statutes is created to read:

AB400,6,8 767.327 (4m) Payment of additional transportation costs. If the court does not prohibit the move or removal, the court shall require the parent proposing the move or removal to pay for any additional transportation costs that the other parent will, as a result of the move or removal, incur in exercising periods of physical placement with the child.

AB400, s. 14 Section 14. 767.327 (5m) of the statutes is repealed.

AB400, s. 15 Section 15. Initial applicability.

AB400,6,13 (1) The treatment of section 767.327 (1) (a) 2. and 2m. of the statutes first applies to orders requiring parents to provide written notice of an intention to move with or remove a child that are made on the effective date of this subsection.

AB400,6,18 (2) The treatment of section 767.327 (3) (a) 1. (intro.) and 2. a., (b) 1. (intro.) and a., 1m., and 2., and (c) 1. and 2., (4m), and (5m) of the statutes, the renumbering of section 767.327 (2) (b) of the statutes, and the creation of section 767.327 (2) (b) 2. of the statutes first apply to moves or removals for which written notice is required on the effective date of this subsection.

AB400,6,19 (End)