2025 - 2026 LEGISLATURE
LRB-2088/1
SWB:ajk&emw
May 19, 2025 - Introduced by Representatives Brooks, Dittrich, Knodl, Kreibich, Murphy, Nedweski, O'Connor, Penterman and Zimmerman, cosponsored by Senators Wimberger and Wanggaard. Referred to Committee on Children and Families.
AB262,1,3
1An Act to amend 767.225 (1) (am) and 767.41 (6) (a) of the statutes; relating
2to: findings of fact when the court grants less than equal physical placement
3of a child. Analysis by the Legislative Reference Bureau
Under current law, in an action affecting a family that involves a child, the court is required to determine the legal custody and the physical placement of the child. Current law requires the court to set a physical placement schedule that allows a child to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes the amount of time for a child with each parent. In determining a physical placement schedule, the court must, in each case, consider a statutory list of best-interest factors.
Current law provides that, if the court grants less than 25 percent of physical placement to one parent in a temporary or final order in an action affecting the family, specific findings of fact must be entered as to the reasons that greater physical placement with that parent is not in the best interest of the child. This bill changes the requirement such that specific findings of fact must be entered if the court grants less than 50 percent of physical placement to one parent in a temporary or final order in an action affecting the family.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB262,1
1Section 1. 767.225 (1) (am) of the statutes is amended to read: AB262,2,92767.225 (1) (am) Upon the request of a party, granting periods of physical 3placement to a party in a manner consistent with s. 767.41. The court shall make 4a determination under this paragraph within 30 days after the request for a 5temporary order regarding periods of physical placement is filed. If the court 6grants physical placement to one parent for less than 25 50 percent of the time, as 7determined under s. 49.22 (9), the court shall enter specific findings of fact as to the 8reasons that a greater allocation of physical placement with that parent is not in the 9best interests of the child. AB262,210Section 2. 767.41 (6) (a) of the statutes is amended to read: AB262,2,1711767.41 (6) (a) If legal custody or physical placement is contested, the court 12shall state in writing why its findings relating to legal custody or physical 13placement are in the best interest of the child. If the court grants physical 14placement to one parent for less than 25 50 percent of the time, as determined 15under s. 49.22 (9), the court shall enter specific findings of fact as to the reasons 16that a greater allocation of physical placement with that parent is not in the best 17interests of the child. AB262,318Section 3. Initial applicability. AB262,2,2019(1) This act first applies to an order regarding physical placement issued on 20the effective date of this subsection. AB262,421Section 4. Effective date. AB262,3,2
1(1) This act takes effect on the first day of the 7th month beginning after 2publication.
