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LRB-1617/1
EAW:amn&wlj
2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives J. Rodriguez, Brooks,
Armstrong, Billings, Brandtjen, Dittrich, Doyle, Duchow, Edming, James,
Kitchens, Magnafici, Moses, Murphy, Mursau, Oldenburg, Rozar, Spiros,
Steffen, Tusler and Skowronski, cosponsored by Senators Ballweg,
Darling, Jacque, Stroebel, Wanggaard and Johnson. Referred to Committee
on Family Law.
AB113,1,4 1An Act to renumber and amend 767.461; and to create 767.34 (3), 767.41
2(5m), 767.451 (3r) and 767.461 (1) to (4) of the statutes; relating to:
3modifications to legal custody or physical placement contingent upon a future
4event.
Analysis by the Legislative Reference Bureau
Under current law, a court cannot modify an order for legal custody or physical
placement of a child that would substantially alter the child's time with each parent
within two years of the final judgment, unless custodial conditions are physically or
emotionally harmful to the best interests of the child.
This bill authorizes a court to approve a stipulated agreement between the
parties in an action affecting the family for modifications to legal custody or physical
placement of a child upon the occurrence of life events of the adult parties or child,
or developmental and educational needs of the child, that are reasonably certain to
occur within two years of the date of the stipulation. The bill authorizes the court
to approve such a stipulation if it is filed in an action initially determining,
modifying, or revising a legal custody and physical placement order. The bill
prohibits stipulated agreements between the parties that are based on anticipated

behavior modifications by a party, such as completion of an anger management
course, drug or alcohol therapy, or a term of imprisonment, parole, or probation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB113,1 1Section 1 . 767.34 (3) of the statutes is created to read:
AB113,2,42 767.34 (3) Approval of stipulation for modifications contingent on future
3event.
(a) In this subsection, “future event” means a life event of a party or of the
4child or a change in the developmental or educational needs of the child.
AB113,2,95 (b) A court may approve a stipulation for legal custody and physical placement
6that includes modifications to legal custody or physical placement upon the
7occurrence of a specified future event that is reasonably certain to occur within 2
8years of the date of the stipulation. A court may not approve a stipulation under this
9subsection that is based on an anticipated behavior modification of a party.
AB113,2 10Section 2 . 767.41 (5m) of the statutes is created to read:
AB113,2,1811 767.41 (5m) Approval of stipulation for modifications contingent on future
12event.
In making an order of legal custody under sub. (2) or (3) or physical placement
13under sub. (4), the court may approve a stipulation for modifications to legal custody
14or physical placement upon the occurrence of a specified future event, as defined in
15s. 767.34 (3) (a), that is reasonably certain to occur within 2 years of the date of the
16stipulation and incorporate the terms of the stipulation into the order. The court may
17not approve a stipulation under this subsection that is based on an anticipated
18behavior modification of a party.
AB113,3 19Section 3 . 767.451 (3r) of the statutes is created to read:
AB113,3,720 767.451 (3r) Approval of stipulation for modifications contingent on future
21event.
Notwithstanding sub. (1), in an action to modify a legal custody or physical

1placement order, the court may approve a stipulation for further modifications to
2legal custody or physical placement upon the occurrence of a specified future event,
3as defined in s. 767.34 (3) (a), that is reasonably certain to occur within 2 years of the
4date of the stipulation and incorporate the terms of the stipulation into any revised
5legal custody or physical placement order granted by the court. The court may not
6approve a stipulation under this subsection that is based on an anticipated behavior
7modification of a party.
AB113,4 8Section 4 . 767.461 of the statutes is renumbered 767.461 (intro.) and amended
9to read:
AB113,3,20 10767.461 Revisions agreed to by stipulation. (intro.) If after an initial order
11is entered under s. 767.41 the parties agree to a modification in an order of physical
12placement or legal custody and file a stipulation with the court that specifies the
13agreed upon modification, including a modification to physical placement or legal
14custody upon the occurrence of a specified future event, as defined in s. 767.34 (3) (a),
15that is reasonably certain to occur within 2 years of the date of the stipulation,
the
16court shall incorporate the terms of the stipulation into a revised order of physical
17placement or legal custody unless the court finds that the modification is not in the
18best interest of the child. The court may not incorporate the terms of a stipulation
19that is based on an anticipated behavior modification of a party, including for the
20completion of any of the following:
AB113,5 21Section 5. 767.461 (1) to (4) of the statutes are created to read:
AB113,3,2222 767.461 (1) An anger management course or therapy.
AB113,3,23 23(2) A batterers intervention program.
AB113,3,24 24(3) A drug or alcohol treatment or therapy.
AB113,4,11
1(4) A term of incarceration, extended supervision, parole or probation for a
2violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19,
3940.195, 940.20, 940.201 (2), 940.203 (2), 940.225 (1), (2), or (3), 940.23, 940.235,
4940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.42,
5940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011 (2), 947.012, 947.013,
6948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.055, 948.06, 948.07,
7948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or any felony to which the penalty
8enhancer under s. 939.621 could be imposed, for a violation of a 72-hour no contact
9order under s. 968.075 (5), for a violation of a domestic abuse restraining order, child
10abuse restraining order, or harassment restraining order, or for a violation to which
11a penalty enhancer for the use of a dangerous weapon is applied.
AB113,6 12Section 6 . Initial applicability.
AB113,4,1613 (1) The treatment of ss. 767.34 (3), 767.41 (5m), and 767.451 (3r) first applies
14to actions or proceedings, including actions or proceedings to modify a judgment or
15order previously granted, that are commenced on the effective date of this
16subsection.
AB113,4,1917 (2) The renumbering and amendment of s. 767.461 and the creation of s.
18767.461 (1) to (4) first apply to stipulations filed with the court on the effective date
19of this subsection.
AB113,4,2020 (End)
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