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March 22, 2019 - Introduced by Joint Legislative Council. Referred to Committee
on Family Law.
AB98,1,4 1An Act to repeal 767.41 (5) (am) 15. and 16.; to amend 767.225 (1) (am), 767.41
2(5) (am) (intro.), 767.41 (6) (a) and 767.451 (5m) (b); and to repeal and
3recreate
767.41 (5) (am) 3. to 14. of the statutes; relating to: factors relating
4to the physical placement of a child.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Child Placement and Support.
Under current law, a court must set a physical placement schedule that allows a
child to have regularly occurring, meaningful periods of physical placement and that
maximizes the amount of time for a child with each parent. In determining a physical
placement schedule, a court must, in each case, consider a statutory list of best-interest
factors.
The bill specifies that if a court grants less than 25% of physical placement to one
parent in a temporary or final order, specific findings of fact must be entered as to the
reason greater physical placement with that parent is not in the best interest of the child.
The bill also reorganizes the statutory best-interest factors, removing two
considerations: the stability in placement and availability of child care services. For the

introduction to the list of factors, the bill specifies that the factors are not necessarily
listed in order of importance.
AB98,1 1Section 1. 767.225 (1) (am) of the statutes is amended to read:
AB98,2,92 767.225 (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 grants
6physical placement to one parent for less than 25 percent of the time, as determined
7under s. 49.22 (9), the court shall enter specific findings of fact as to the reasons that
8a greater allocation of physical placement with that parent is not in the best interests
9of the child.
AB98,2 10Section 2. 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB98,2,1711 767.41 (5) (am) (intro.) Subject to pars. (bm) and (c), in determining legal
12custody and periods of physical placement, the court shall consider all facts relevant
13to the best interest of the child. The court may not prefer one parent or potential
14custodian over the other on the basis of the sex or race of the parent or potential
15custodian. Subject to pars. (bm) and (c), the court shall consider all of the following
16factors, which are not necessarily listed in order of importance, in making its
17determination:
AB98,3 18Section 3 . 767.41 (5) (am) 3. to 14. of the statutes are repealed and recreated
19to read:
AB98,2,2220 767.41 (5) (am) 3. The cooperation and communication between the parties and
21whether either party unreasonably refuses to cooperate or communicate with the
22other party.
AB98,3,4
14. Whether each party can support the other party's relationship with the child,
2including encouraging and facilitating frequent and continuing contact with the
3child, or whether one party is likely to unreasonably interfere with the child's
4continuing relationship with the other party.
AB98,3,65 5. The interaction and interrelationship of the child with his or her siblings,
6and any other person who may significantly affect the child's best interest.
AB98,3,117 6. The interaction and interrelationship of the child with his or her parent or
8parents and the amount and quality of time that each parent has spent with the child
9in the past, any necessary changes to the parents' custodial roles, and any reasonable
10lifestyle changes that a parent proposes to make to maximize placement with the
11child.
AB98,3,1312 7. Whether any of the following has or had a significant problem with alcohol
13or drug abuse:
AB98,3,1414 a. A party.
AB98,3,1615 b. A person with whom a parent of the child has a dating relationship, as
16defined in s. 813.12 (1) (ag).
AB98,3,1817 c. A person who resides, has resided, or will reside regularly or intermittently
18in a proposed custodial household.
AB98,3,1919 8. The child's adjustment to the home, school, religion, and community.
AB98,3,2120 9. The age of the child and the child's developmental and educational needs at
21different ages.
AB98,3,2422 10. Whether the mental or physical health of a party, minor child, or other
23person living in a proposed custodial household negatively affects the child's
24intellectual, physical, or emotional well-being.
AB98,4,3
111. Whether any of the following has a criminal record or whether there is
2evidence that any of the following has engaged in abuse, as defined in s. 813.122 (1)
3(a), of the child or any other child or neglected the child or any other child:
AB98,4,44 a. A party.
AB98,4,65 b. A person with whom a parent of the child has a dating relationship, as
6defined in s. 813.12 (1) (ag).
AB98,4,87 c. A person who resides, has resided, or will reside regularly or intermittently
8in a proposed custodial household.
AB98,4,109 12. Whether there is evidence of interspousal battery, as described under s.
10940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am).
AB98,4,1111 13. The reports of appropriate professionals if admitted into evidence.
AB98,4,1212 14. Any other factor that the court determines to be relevant.
AB98,4 13Section 4 . 767.41 (5) (am) 15. and 16. of the statutes are repealed.
AB98,5 14Section 5. 767.41 (6) (a) of the statutes is amended to read:
AB98,4,2015 767.41 (6) (a) If legal custody or physical placement is contested, the court shall
16state in writing why its findings relating to legal custody or physical placement are
17in the best interest of the child. If the court grants physical placement to one parent
18for less than 25 percent of the time, as determined under s. 49.22 (9), the court shall
19enter specific findings of fact as to the reasons that a greater allocation of physical
20placement with that parent is not in the best interests of the child.
AB98,6 21Section 6 . 767.451 (5m) (b) of the statutes is amended to read:
AB98,5,222 767.451 (5m) (b) In determining the best interest of the child under this
23section, in addition to the factor under s. 767.41 (5) (am) 12m. 11., the court shall
24consider whether a stepparent of the child has a criminal record and whether there

1is evidence that a stepparent of the child has engaged in abuse, as defined in s.
2813.122 (1) (a), of the child or any other child or neglected the child or any other child.
AB98,7 3Section 7. Initial applicability.
AB98,5,54 (1) This act first applies to an order regarding physical placement issued on the
5effective date of this subsection.
AB98,8 6Section 8. Effective date.
AB98,5,87 (1) This act takes effect on the first day of the 7th month beginning after
8publication.
AB98,5,99 (End)
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