Chapter 324

324.37 324.37 Nature of authority created by temporary custodial responsibility order.

324.37(1) (1) A grant of authority under this subchapter is temporary and does not create an independent, continuing right to physical placement, legal custody, or visitation in an individual to whom it is granted. The temporary order terminates according to one of the following:

324.37(1)(a) (a) If deployment is for less than 6 months, the temporary order terminates immediately after the deploying parent returns.

324.37(1)(b) (b) If deployment is for 6 months or more, the temporary order terminates 30 days after the deploying parent returns.

324.37(1)(c) (c) The temporary order terminates on a date that has been stipulated by all of the parties to the proceeding.

324.37(1)(d) (d) The temporary order terminates according to a modification or termination under s. 324.395.

324.37(2) (2) A nonparent granted physical placement, legal custody, or visitation under this subchapter has standing to enforce the grant until it is terminated.

324.37 History History: 2021 a. 161.

324.38 324.38 Content of temporary custodial responsibility order.

324.38(1) (1) An order granting custodial responsibility under this subchapter shall do all of the following:

324.38(1)(a) (a) Designate the order as temporary.

324.38(1)(b) (b) Identify to the extent feasible the destination, duration, and conditions of the deployment.

324.38(2) (2) If applicable, an order for custodial responsibility under this subchapter shall do all of the following:

324.38(2)(a) (a) Specify the allocation of physical placement, legal custody, and visitation among the deploying parent, the other parent, and any nonparent.

324.38(2)(b) (b) If custodial responsibility is shared by 2 or more individuals under the order, or the order grants physical placement to one or more individuals and visitation to other individuals, provide a process to resolve any dispute that may arise.

324.38(2)(c) (c) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications.

324.38(2)(d) (d) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child.

324.38(2)(f) (f) Provide that the order will terminate on the applicable date under s. 324.37 (1).

324.38 History History: 2021 a. 161.

324.39 324.39 Order for child support. If the court issues an order granting physical placement under this subchapter, or an agreement granting physical placement has been executed under subch. II, the court may enter a temporary order for child support consistent with the law of this state other than this chapter if the court has jurisdiction under ch. 769.

324.39 History History: 2021 a. 161.

324.395 324.395 Modifying or terminating grant of custodial responsibility to nonparent. Except for an order described in s. 324.34 (1), and consistent with the Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522, on the motion of a deploying parent or other parent or any nonparent to whom physical placement, legal custody, or visitation has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this subchapter and it is in the best interest of the child.

324.395 History History: 2021 a. 161.

subch. IV of ch. 324 SUBCHAPTER IV

MISCELLANEOUS PROVISIONS

324.42 324.42 Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Deployed Parents Custody and Visitation Act.

324.42 History History: 2021 a. 161.

324.43 324.43 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, except that the chapter does not modify, limit, or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices described in 15 USC 7003 (b).

324.43 History History: 2021 a. 161.

324.44 324.44 Savings clause. This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before March 13, 2022.

324.44 History History: 2021 a. 161.