324.21(3)(a)(a) Identify the destination, duration, and conditions of the deployment that is the basis for the agreement.
324.21(3)(b)(b) Specify the allocation of physical placement and legal custody among the deploying parent, the other parent, and any nonparent.
324.21(3)(d)(d) Specify any visitation rights of a nonparent.
324.21(3)(e)(e) If, under the agreement, custodial responsibility is shared by 2 or more individuals, provide a process to resolve any dispute that may arise.
324.21(3)(f)(f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent may have contact with the child, any role to be played by the other parent or by a nonparent in facilitating the contact, and the allocation of any costs of contact.
324.21(3)(g)(g) Specify the contact between the deploying parent and child during the time that the deploying parent is on leave or is otherwise available.
324.21(3)(h)(h) Acknowledge that any party’s child support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court.
324.21(3)(i)(i) Specify that the temporary arrangement will terminate in accordance with s. 324.22 (1).
324.21(3)(j)(j) If the agreement is required to be filed under s. 324.25, specify which parent is required to file the agreement.
324.21(4)(4)The omission of any of the items specified in sub. (3) does not invalidate an agreement under this section.
324.21 HistoryHistory: 2021 a. 161.
324.22324.22Nature of authority created by agreement.
324.22(1)(1)An agreement under this subchapter is temporary and does not create an independent, continuing right to physical placement, legal custody, or visitation for an individual to whom custodial responsibility is given. The temporary agreement terminates according to one of the following:
324.22(1)(a)(a) If deployment is for less than 6 months, the temporary agreement terminates immediately after the deploying parent returns.
324.22(1)(b)(b) If deployment is for 6 months or more, the temporary agreement terminates 30 days after the deploying parent returns.
324.22(1)(c)(c) The temporary agreement terminates on a date that has been stipulated by all of the parties to the agreement or by modification under s. 324.23.
324.22(1)(d)(d) The temporary agreement terminates on a date ordered by the court.
324.22(2)(2)A nonparent who has physical placement, legal custody, or visitation by an agreement under this subchapter has standing to enforce the agreement until it has been terminated.
324.22 HistoryHistory: 2021 a. 161.
324.23324.23Modification of agreement.
324.23(1)(1)By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made under this subchapter subject to any visitation rights granted by court order under s. 767.43.
324.23(2)(2)If an agreement is modified under sub. (1) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
324.23(3)(3)If an agreement is modified under sub. (1) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
324.23 HistoryHistory: 2021 a. 161.
324.25324.25Filing agreement with court. If a court order on custodial responsibility or child support is in effect concerning a child who is the subject of an agreement under this subchapter, the agreement shall be filed within a reasonable time with that ordering court. The case number and heading of the underlying action affecting the family under ch. 767 concerning custodial responsibility or child support shall be provided to the court with the agreement.
324.25 HistoryHistory: 2021 a. 161.
subch. III of ch. 324SUBCHAPTER III
JUDICIAL PROCEDURE FOR GRANTING
CUSTODIAL RESPONSIBILITY
DURING DEPLOYMENT
324.31324.31Proceeding for temporary deployment custody order.