LRB-3658/1
EAW:cdc
2021 - 2022 LEGISLATURE
June 25, 2021 - Introduced by Representatives Brandtjen, Armstrong, Behnke,
Dittrich, Gundrum, Horlacher, Subeck, Thiesfeldt, Wichgers and Tusler,
cosponsored by Senators Jacque, Ballweg and L. Taylor. Referred to
Committee on Family Law.
AB418,1,3
1An Act to create 767.407 (1) (bm) of the statutes;
relating to: the appointment
2of a guardian ad litem in a proceeding to grant reasonable visitation rights to
3a nonparent.
Analysis by the Legislative Reference Bureau
This bill requires a court to appoint a guardian ad litem (GAL) for a minor child
in an action affecting the family where a petition for visitation rights has been filed
by a grandparent, great-grandparent, stepparent, or person who has maintained a
relationship similar to a parent-child relationship with the child and the petitioner
has established standing to file the petition.
Under current law, a court is required to appoint a GAL for a minor child in an
action affecting the family if the court has reason for special concern as to the welfare
of the minor child or, with certain exceptions, if legal custody or physical placement
of the child is contested. Current law also allows appointment of a GAL for a minor
child if legal custody or physical placement is stipulated to be with any person or
agency other than a parent of the child or, if at the time of the action, the child is in
the legal custody of or physically placed with a person or agency other than the child's
parent.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB418,1
1Section
1. 767.407 (1) (bm) of the statutes is created to read:
AB418,2,52
767.407
(1) (bm) The court shall appoint a guardian ad litem for a minor child
3in any action affecting the family where a petition has been filed for reasonable
4visitation rights under s. 767.43 and the petitioner has established standing to file
5the petition.
AB418,2
6Section 2
.
Initial applicability.
AB418,2,87
(1)
This act first applies to a petition filed for reasonable visitation rights under
8s. 767.43 on the effective date of this subsection.
