AB313: Bill Text

LRB-2944/1

EAW:amn

2021 - 2022 LEGISLATURE

2021 Assembly BILL 313

May 7, 2021 - Introduced by Representatives Thiesfeldt, Wichgers, Armstrong, Brandtjen, James, Knodl, Krug, Rozar and Tusler, cosponsored by Senator Jacque. Referred to Committee on Family Law.

AB313,1,4 An Act to repeal 767.451 (5m) (c); to renumber 767.41 (5) (c); to amend 767.41 (2) (e) 1. and 767.451 (5m) (a); and to create 767.41 (5) (c) 2. of the statutes; relating to: legal custody and physical placement factors for a child of a service member.

Analysis by the Legislative Reference Bureau

Under current law, in determining the legal custody of a child, a court may not consider whether a service member has been or may be called into active duty and consequently is or may be absent from his or her home. Under current law, “service member” is defined as a member of the national guard or a reserve unit of the U.S. armed forces. Under this bill, “service member,” for the purposes of determining legal custody and physical placement of a child adds a member of the U.S. armed forces or forces incorporated in the U.S. armed forces to the definition.

This bill also prohibits a court from denying a parent who is a service member periods of physical placement with his or her child based on past or future anticipated variability in his or her schedule, living arrangements, or location due to service in the military.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB313,1 Section 1. 767.41 (2) (e) 1. of the statutes is amended to read:

AB313,2,3 767.41 (2) (e) 1. In this paragraph, “service member" means a member of the national guard, the U.S. armed forces or forces incorporated in the U.S. armed forces, or of a reserve unit of the U.S. armed forces.

AB313,2 Section 2. 767.41 (5) (c) of the statutes is renumbered 767.41 (5) (c) 1.

AB313,3 Section 3. 767.41 (5) (c) 2. of the statutes is created to read:

AB313,2,9 767.41 (5) (c) 2. If a parent is a service member, as defined in sub. (2) (e) 1., the court may not deny the parent periods of physical placement based on past or future anticipated variability in the service member's schedule, living arrangements, or location that result from the service member's military service.

AB313,4 Section 4 . 767.451 (5m) (a) of the statutes is amended to read:

AB313,2,14 767.451 (5m) (a) Subject to pars. par. (b) and (c), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm) and (c), and shall make its determination in a manner consistent with s. 767.41.

AB313,5 Section 5 . 767.451 (5m) (c) of the statutes is repealed.

AB313,2,16 (End)