SB694: Bill Text

LRB-1181/1

EAW:cdc

2019 - 2020 LEGISLATURE

2019 Senate BILL 694

January 16, 2020 - Introduced by Senator Jacque, cosponsored by Representatives Brandtjen and L. Myers. Referred to Committee on Universities, Technical Colleges, Children and Families.

SB694,1,3 An Act to create 767.407 (1) (bm) of the statutes; relating to: the appointment of a guardian ad litem in a proceeding to grant reasonable visitation rights to a 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:

SB694,1 Section 1. 767.407 (1) (bm) of the statutes is created to read:

SB694,2,5 767.407 (1) (bm) The court shall appoint a guardian ad litem for a minor child in any action affecting the family where a petition has been filed for reasonable visitation rights under s. 767.43 and the petitioner has established standing to file the petition.

SB694,2 Section 2 . Initial applicability.

SB694,2,8 (1) This act first applies to a petition filed for reasonable visitation rights under section 767.43 of the statutes on the effective date of this subsection.

SB694,2,9 (End)