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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.
AB103,10,65 (b) If deployment is for 6 months or more, the temporary agreement terminates
630 days after the deploying parent returns.
AB103,10,87 (c) The temporary agreement terminates on a date that has been stipulated by
8all of the parties to the agreement or by modification under s. 324.23.
AB103,10,99 (d) The temporary agreement terminates on a date ordered by the court.
AB103,10,12 10(2) A nonparent who has physical placement, legal custody, or visitation by an
11agreement under this subchapter has standing to enforce the agreement until it has
12been terminated.
AB103,10,15 13324.23 Modification of agreement. (1) By mutual consent, the parents of
14a child may modify an agreement regarding custodial responsibility made under this
15subchapter subject to any visitation rights granted by court order under s. 767.43.
AB103,10,18 16(2) If an agreement is modified under sub. (1) before deployment of a deploying
17parent, the modification must be in writing and signed by both parents and any
18nonparent who will exercise custodial responsibility under the modified agreement.
AB103,10,21 19(3) If an agreement is modified under sub. (1) during deployment of a deploying
20parent, the modification must be agreed to in a record by both parents and any
21nonparent who will exercise custodial responsibility under the modified agreement.
AB103,11,2 22324.25 Filing agreement with court. If a court order on custodial
23responsibility or child support is in effect concerning a child who is the subject of an
24agreement under this subchapter, the agreement shall be filed within a reasonable
25time with that ordering court. The case number and heading of the underlying action

1affecting the family under ch. 767 concerning custodial responsibility or child
2support shall be provided to the court with the agreement.
AB103,11,33 subchapter III
AB103,11,64 JUDICIAL PROCEDURE FOR GRANTING
5 CUSTODIAL RESPONSIBILITY
6 DURING DEPLOYMENT
AB103,11,12 7324.31 Proceeding for temporary deployment custody order. (1) After
8a deploying parent receives notice of deployment and until the deployment
9terminates, a court may issue a temporary order granting custodial responsibility,
10unless prohibited by the Servicemembers Civil Relief Act, 50 USC Appendix 521 and
11522. A court may not issue a permanent order granting custodial responsibility
12without the consent of the deploying parent.
AB103,11,19 13(2) At any time after a deploying parent receives notice of deployment, the
14deploying parent or other parent may file a motion regarding custodial responsibility
15for a child during deployment. The motion shall be filed in an underlying action
16affecting the family under ch. 767 for custodial responsibility in a court with
17jurisdiction under s. 324.04 or, if there is no underlying action affecting the family
18under ch. 767 in a court with jurisdiction under s. 324.04, in a new action for granting
19custodial responsibility during deployment.
AB103,11,22 20324.32 Expedited hearing. If a motion to grant custodial responsibility is
21filed under s. 324.31 (2) before a deploying parent deploys, the court shall conduct
22a hearing within 30 days of filing.
AB103,12,2 23324.33 Testimony by electronic means. In a proceeding under this
24subchapter, a party or witness who is not reasonably available to appear personally

1may appear, provide testimony, and present evidence by electronic means unless the
2court finds good cause to require a personal appearance.
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