Temporary court order
Under proceedings for a temporary court order, unless a proceeding is
prohibited by the Servicemembers Civil Relief Act, custodial responsibilities or
visitation may be granted upon a deploying parent's request to a stepparent,
grandparent, or great-grandparent or to an adult who has a parent-like relationship
with the child. The arrangements must be found to be in the best interests of the
child, using the best-interest factors identified in current state law for legal custody
and physical placement determinations, placing particular emphasis on
maintaining sibling relationships.
Under the bill, a delegation of physical placement cannot be greater than a
child's habitual or court-ordered physical placement with the deploying parent
unless otherwise agreed to by the other parent or as needed to add any unusual travel
time. Additionally, a delegation of custodial responsibilities or visitation cannot be
granted to a person who was previously denied those rights.
Similar to a temporary agreement, a temporary court order must identify the
specific arrangements for custodial responsibility or visitation, a process to resolve
any dispute that may arise, and arrangements for the deploying parent's contact
with the child during the deployment and while on leave. If a court issues a
temporary order, or a temporary agreement has been filed, a court may enter a
temporary order for child support.
When a court receives a motion for a temporary delegation of custodial
responsibilities during deployment, the court must conduct a hearing within 30 days
and must allow a parent or other person to appear by electronic means if the person
is not available to personally appear, unless there is good cause to require a personal
appearance.
Initiation
The bill applies to a service member who is deployed between 30 days and 18
months in accordance with service orders that are designated as unaccompanied, do
not authorize dependent travel, or otherwise do not permit movement of a child to
the location. As applied in the bill, service may include service in the U.S. armed

forces, including any reserve component; the national guard of any state; the
merchant marine; the commissioned corps of the U.S. Public Health Service; or the
commissioned corps of the National Oceanic and Atmospheric Administration.
To begin the process, if a parent receives a deployment order, the parent must
provide notice of the deployment to the other parent within seven days or as soon as
reasonably possible. As soon as reasonably possible after providing the notice, the
parents must provide each other with a plan for fulfilling their respective shares of
custodial responsibility during the deployment.
Termination
The bill specifies that temporary arrangements under either an agreement or
court order terminate immediately upon the return of a deploying parent if the
deployment is for less than six months, 30 days after the return of a deploying parent
if the deployment is for six months or more, or on a date that is specified by
stipulation by the parties or a court order.
Failure to comply; penalties
If a parent has acted in bad faith or intentionally failed to comply with a
temporary court order or other requirement under these provisions, the bill specifies
that a court may assess reasonable attorney fees and costs and may order other
appropriate relief.
Forms
The bill asks the Wisconsin Court Records Management Committee to develop
a form that parents may use to enter into an agreement, and a form to file a motion
with a court, for a temporary delegation of custodial responsibilities for a child
during a parent's deployment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB103,1 1Section 1 . Chapter 324 of the statutes is created to read:
AB103,3,22 chapter 324
AB103,3,33 deployed parents
AB103,3,44 custody and visitation
AB103,3,55 subchapter I
AB103,3,66 general provisions
AB103,3,8 7324.01 Short title. This chapter may be cited as the Uniform Deployed
8Parents Custody and Visitation Act.
AB103,3,9 9324.02 Definitions. In this chapter:
AB103,4,2
1(1) “Adult" means an individual who has attained 18 years of age or who is an
2emancipated minor.
AB103,4,3 3(2) “Child" means any of the following:
AB103,4,54 (a) An individual who has not attained 18 years of age and who is not an
5emancipated minor.
AB103,4,86 (b) An adult son or daughter by birth or adoption, or under the law of this state
7other than this chapter, who is the subject of a court order concerning custodial
8responsibility.
AB103,4,11 9(3) “Court" means a tribunal, including an administrative agency, that is
10authorized under the law of this state other than this chapter to make, enforce, or
11modify a decision regarding custodial responsibility.
AB103,4,13 12(4) “Custodial responsibility" includes physical placement, legal custody, and
13visitation.
AB103,4,14 14(5) “Deployed" means subject to a deployment.
AB103,4,16 15(6) “Deploying parent" means a service member who is deployed, or who has
16been notified of impending deployment, and who is any of the following:
AB103,4,1717 (a) A parent of a child under the law of this state other than this chapter.
AB103,4,1918 (b) An individual who has custodial responsibility for a child under the law of
19this state other than this chapter.
AB103,4,24 20(7) “Deployment" means the movement or mobilization of a service member for
21more than 30 days but less than 18 months in accordance with service orders that
22are designated as unaccompanied, do not authorize dependent travel, or otherwise
23do not permit the movement of a child to the location to which the service member
24is deployed.
AB103,4,25 25(8) “Emancipated minor" has the meaning given in s. 48.375 (2) (e).
AB103,5,1
1(9) “Family member" means a grandparent, great-grandparent, or stepparent.
AB103,5,2 2(10) “Legal custody” has the meaning given in s. 767.001 (2).
AB103,5,4 3(11) “Nonparent" means an individual other than a deploying parent or other
4parent.
AB103,5,6 5(12) “Other parent" means an individual who, in common with a deploying
6parent, is any of the following:
AB103,5,77 (a) A parent of a child under the law of this state other than this chapter.
AB103,5,98 (b) An individual who has custodial responsibility for a child under the law of
9this state other than this chapter.
AB103,5,10 10(13) “Physical placement” has the meaning given in s. 767.001 (5).
AB103,5,12 11(14) “Record" means information that is inscribed on a tangible medium or that
12is stored in an electronic or other medium and is retrievable in perceivable form.
AB103,5,14 13(15) “Return from deployment" means the conclusion of a service member's
14deployment as specified in service orders.
AB103,5,15 15(16) “Service member" means a member of any of the following:
AB103,5,1616 (a) The U.S. armed forces, including any reserve component.
AB103,5,1717 (b) The merchant marine.
AB103,5,1818 (c) The commissioned corps of the U.S. public health service.
AB103,5,2019 (d) The commissioned corps of the national oceanic and atmospheric
20administration.
AB103,5,2121 (e) The national guard of any state.
AB103,5,23 22(17) “Sign" means to do any of the following with present intent to authenticate
23or adopt a record:
AB103,5,2424 (a) Execute or adopt a tangible symbol.
AB103,6,2
1(b) Attach to or logically associate with the record an electronic symbol, sound,
2or process.
AB103,6,5 3(18) “State" means a state of the United States, the District of Columbia, the
4commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or
5possession of the United States.
AB103,6,7 6(19) “Visitation” means rights conferred to an individual to reasonable
7visitation with a child in accordance with s. 767.43.
AB103,6,13 8324.03 Remedies for noncompliance. In addition to other remedies under
9the law of this state other than this chapter, if a court finds that a party to a
10proceeding under this chapter has acted in bad faith or intentionally failed to comply
11with this chapter or a court order issued under this chapter, the court may assess
12reasonable attorney fees and costs against the party and order other appropriate
13relief.
AB103,6,15 14324.04 Jurisdiction. (1) A court may issue an order regarding custodial
15responsibility under this chapter only if the court has jurisdiction under ch. 822.
AB103,6,18 16(2) If a court has issued a temporary order regarding custodial responsibility
17under subch. III, the residence of the deploying parent is not changed by reason of
18the deployment for purposes of ch. 822 during the deployment.
AB103,6,22 19(3) If a court has issued a permanent order regarding custodial responsibility
20before notice of deployment and the parents modify that order temporarily by
21agreement under subch. II, the residence of the deploying parent is not changed by
22reason of the deployment for purposes of ch. 822.
AB103,6,25 23(4) If a court in another state has issued a temporary order regarding custodial
24responsibility as a result of impending or current deployment, the residence of the
25deploying parent is not changed by reason of the deployment for purposes of ch. 822.
AB103,7,2
1(5) This section does not prevent a court from exercising temporary emergency
2jurisdiction under s. 822.24.
AB103,7,9 3324.05 Notification required by deploying parent. (1) Except as provided
4in sub. (4) and subject to sub. (3), a deploying parent shall, in a record, notify the other
5parent of a pending deployment not later than 7 days after the deploying parent
6receives notice of deployment unless reasonably prevented from doing so by the
7circumstances of deployment. If the circumstances of deployment prevent giving
8notification within the 7 days, the deploying parent shall give the notification as soon
9as reasonably possible.
AB103,7,14 10(2) Except as provided in sub. (4) and subject to sub. (3), the deploying parent
11and the other parent shall, in a record, provide each other with a plan for fulfilling
12their respective shares of custodial responsibility during deployment. Each parent
13shall provide the plan as soon as reasonably possible after the deploying parent gives
14notification of deployment under sub. (1).
AB103,7,21 15(3) If a court order currently in effect prohibits disclosure of the address or
16contact information of the other parent, notification of deployment under sub. (1) or
17notification by the deploying parent of a plan for custodial responsibility during
18deployment under sub. (2) may be made only to the issuing court. If the address of
19the other parent is available to the issuing court, the court shall forward the
20notification to the other parent. The court shall keep confidential the address or
21contact information of the other parent.
AB103,7,24 22(4) Notification in a record under sub. (1) or (2) is not required if the parents
23are living in the same residence and both parents have actual notice of the
24deployment or plan.
AB103,8,2
1(5) In a proceeding regarding custodial responsibility, a court may consider the
2reasonableness of a parent's efforts to comply with this section.
AB103,8,6 3324.06 Duty to notify of change of address. (1) Except as provided in sub.
4(2), an individual to whom custodial responsibility has been granted during
5deployment under subch. II or III shall, until the grant is terminated, notify all of the
6following of any change in the individual's mailing address or residence:
AB103,8,77 (a) The deploying parent.
AB103,8,88 (b) Any other individual with custodial responsibility for the child.
AB103,8,109 (c) Any court that has issued a custody or child support order concerning the
10child that is in effect.
AB103,8,15 11(2) If a court order currently in effect prohibits disclosure of the address or
12contact information of an individual to whom custodial responsibility has been
13granted, a notification under sub. (1) may be made only to the court that issued the
14order. The court shall keep confidential the mailing address or residence of the
15individual to whom custodial responsibility has been granted.
AB103,8,1616 subchapter II
AB103,8,1817 AGREEMENT FOR CUSTODIAL
18 RESPONSIBILITY DURING DEPLOYMENT
AB103,8,21 19324.21 Form of agreement. (1) The parents of a child may enter into a
20temporary agreement under this subchapter granting custodial responsibility
21during deployment.
AB103,8,23 22(2) An agreement under sub. (1) shall be in writing and signed by both parents
23and any nonparent to whom custodial responsibility is granted.
AB103,8,25 24(3) Subject to sub. (4), an agreement under sub. (1) shall, if feasible, do all of
25the following:
AB103,9,2
1(a) Identify the destination, duration, and conditions of the deployment that
2is the basis for the agreement.
AB103,9,43 (b) Specify the allocation of physical placement and legal custody among the
4deploying parent, the other parent, and any nonparent.
AB103,9,55 (d) Specify any visitation rights of a nonparent.
AB103,9,76 (e) If, under the agreement, custodial responsibility is shared by 2 or more
7individuals, provide a process to resolve any dispute that may arise.
AB103,9,118 (f) Specify the frequency, duration, and means, including electronic means, by
9which the deploying parent may have contact with the child, any role to be played
10by the other parent or by a nonparent in facilitating the contact, and the allocation
11of any costs of contact.
AB103,9,1312 (g) Specify the contact between the deploying parent and child during the time
13that the deploying parent is on leave or is otherwise available.
AB103,9,1614 (h) Acknowledge that any party's child support obligation cannot be modified
15by the agreement and that changing the terms of the obligation during deployment
16requires modification in the appropriate court.
AB103,9,1817 (i) Specify that the temporary arrangement will terminate in accordance with
18s. 324.22 (1).
AB103,9,2019 (j) If the agreement is required to be filed under s. 324.25, specify which parent
20is required to file the agreement.
AB103,9,22 21(4) The omission of any of the items specified in sub. (3) does not invalidate an
22agreement under this section.
AB103,9,25 23324.22 Nature of authority created by agreement. (1) An agreement
24under this subchapter is temporary and does not create an independent, continuing
25right to physical placement, legal custody, or visitation for an individual to whom

1custodial responsibility is given. The temporary agreement terminates according to
2one of the following:
AB103,10,43 (a) If deployment is for less than 6 months, the temporary agreement
4terminates immediately after the deploying parent returns.
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