LRB-5226/1
EAW:jld
2017 - 2018 LEGISLATURE
January 29, 2018 - Introduced by Senators Moulton and Feyen, cosponsored by
Representatives Bernier, R. Brooks, Born, Brandtjen, Katsma, Kitchens,
Krug, Mursau, Novak, Pronschinske, Rohrkaste, Schraa, Tauchen, Tittl,
Thiesfeldt and Tusler. Referred to Committee on Judiciary and Public
Safety.
SB736,1,3 1An Act to amend 767.41 (4) (a) 2.; and to create 767.41 (5) (am) 5m. of the
2statutes; relating to: a presumption that equalizing physical placement to the
3highest degree is in the child's best interest.
Analysis by the Legislative Reference Bureau
This bill creates a presumption that equalizing physical placement to the
highest degree between parents in an action affecting the family is in the child's best
interest.
Under current law, in an action affecting the family, such as a divorce or a
paternity action, a court must determine the legal custody of a minor child based on
the best interest of the child. In current law, there is a presumption that joint legal
custody is in the child's best interest. The court also must allocate periods of physical
placement between the parties. The court is required to set a placement schedule
that allows the child to have regularly occurring, meaningful periods of physical
placement with each parent and that maximizes the amount of time the child may
spend with each parent, taking into consideration geographic separation and
accommodations for different households. The court may deny periods of physical
placement with a parent only if the court finds that the physical placement would
endanger the child's physical, mental, or emotional health. When determining
custody and periods of physical placement, the court is required, under current law,
to consider a number of factors, such as the wishes of the child and of the parties, the
interaction and interrelationship of the child with his or her parents, the amount and
quality of time that each party has spent with the child in the past, the child's

adjustment to the home, school, and community, and the cooperation and
communication between the parties.
This bill provides that, when the court allocates periods of physical placement,
instead of maximizing the amount of time a child may spend with each parent, taking
into consideration geographic separation and accommodations for different
households, the court must presume that a placement schedule that equalizes to the
highest degree the amount of time the child may spend with each parent is in the
child's best interest. This presumption may be rebutted if the court finds by a
preponderance of the evidence, after considering the custody and placement factors,
that equalizing physical placement would not be in the child's best interest. The bill
also makes the geographic separation of the parties an additional custody and
placement factor for the court to consider in every case when determining custody
and periods of physical placement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB736,1 1Section 1 . 767.41 (4) (a) 2. of the statutes is amended to read:
SB736,2,122 767.41 (4) (a) 2. In determining the allocation of periods of physical placement,
3the court shall consider each case on the basis of the factors in sub. (5) (am), subject
4to sub. (5) (bm). The court shall set
presume that a placement schedule that allows
5the child to have regularly occurring, meaningful periods of physical placement with
6each parent and that maximizes
equalizes to the highest degree the amount of time
7the child may spend with each parent, taking into account geographic separation and
8accommodations for different households
is in the best interest of the child. The
9presumption under this subdivision is rebutted if the court finds by a preponderance
10of the evidence, after considering all of the factors in sub. (5) (am), subject to sub. (5)
11(bm), that equalizing physical placement to the highest degree would not be in the
12child's best interest
.
SB736,2 13Section 2 . 767.41 (5) (am) 5m. of the statutes is created to read:
SB736,2,1414 767.41 (5) (am) 5m. The geographic separation of the parties.
SB736,3 15Section 3 . Initial applicability.
SB736,3,2
1(1) This act first applies to actions or proceedings that are commenced on the
2effective date of this subsection.
SB736,3,33 (End)
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