AB93,10,25 324.25 Filing agreement with court. If a court order on custodial responsibility or child support is in effect concerning a child who is the subject of an agreement under this subchapter, the agreement shall be filed within a reasonable time with that ordering court. The case number and heading of the underlying action affecting the family under ch. 767 concerning custodial responsibility or child support shall be provided to the court with the agreement.

AB93,11,1 subchapter III

AB93,11,4 JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT

AB93,11,10 324.31 Proceeding for temporary deployment custody order. (1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility, unless prohibited by the Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.

AB93,11,17 (2) At any time after a deploying parent receives notice of deployment, the deploying parent or other parent may file a motion regarding custodial responsibility for a child during deployment. The motion shall be filed in an underlying action affecting the family under ch. 767 for custodial responsibility in a court with jurisdiction under s. 324.04 or, if there is no underlying action affecting the family under ch. 767 in a court with jurisdiction under s. 324.04, in a new action for granting custodial responsibility during deployment.

AB93,11,20 324.32 Expedited hearing. If a motion to grant custodial responsibility is filed under s. 324.31 (2) before a deploying parent deploys, the court shall conduct a hearing within 30 days of filing.

AB93,11,24 324.33 Testimony by electronic means. In a proceeding under this subchapter, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

AB93,12,2 324.34 Effect of prior judicial order or agreement. In a proceeding for a grant of custodial responsibility under this subchapter, all of the following apply:

AB93,12,6 (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of the law of this state other than this chapter for modifying a judicial order regarding custodial responsibility.

AB93,12,10 (2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under subch. II, unless the court finds that the agreement is contrary to the best interest of the child.

AB93,12,18 324.345 Best interest of the child. In determining the best interest of the child under this chapter, the court shall consider the factors in custody and physical placement determinations under s. 767.41 (5), with a particular emphasis on maintaining sibling relationships. The court may not grant legal custody, physical placement, or visitation to an individual in a temporary legal custody or physical placement order under this chapter if that individual has previously been denied legal custody, physical placement, visitation, guardianship, or any other custodial rights for the child under ch. 48, 54, 55, or 767.

AB93,12,23 324.35 Grant of physical placement to nonparent. (1) On the motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child, a court may grant physical placement to a nonparent who is an adult family member of the child or an adult who has maintained a relationship similar to a parent-child relationship with the child.

AB93,13,3 (2) Unless a grant of physical placement to a nonparent under sub. (1) is agreed to by the other parent, the grant is limited to an amount of time not greater than either of the following:

AB93,13,6 (a) The amount of time granted to the deploying parent under a permanent legal custody or physical placement order, but the court may add unusual travel time necessary to transport the child.

AB93,13,10 (b) In the absence of a permanent legal custody or physical placement order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.

AB93,13,15 324.37 Nature of authority created by temporary custodial responsibility order. (1) A grant of authority under this subchapter is temporary and does not create an independent, continuing right to physical placement, legal custody, or visitation in an individual to whom it is granted. The temporary order terminates according to one of the following:

AB93,13,17 (a) If deployment is for less than 6 months, the temporary order terminates immediately after the deploying parent returns.

AB93,13,19 (b) If deployment is for 6 months or more, the temporary order terminates 30 days after the deploying parent returns.

AB93,13,21 (c) The temporary order terminates on a date that has been stipulated by all of the parties to the proceeding.

AB93,13,23 (d) The temporary order terminates according to a modification or termination under s. 324.395.

AB93,13,25 (2) A nonparent granted physical placement, legal custody, or visitation under this subchapter has standing to enforce the grant until it is terminated.

AB93,14,3 324.38 Content of temporary custodial responsibility order. (1) An order granting custodial responsibility under this subchapter shall do all of the following:

AB93,14,4 (a) Designate the order as temporary.

AB93,14,6 (b) Identify to the extent feasible the destination, duration, and conditions of the deployment.

AB93,14,8 (2) If applicable, an order for custodial responsibility under this subchapter shall do all of the following:

AB93,14,10 (a) Specify the allocation of physical placement, legal custody, and visitation among the deploying parent, the other parent, and any nonparent.

AB93,14,13 (b) If custodial responsibility is shared by 2 or more individuals under the order, or the order grants physical placement to one or more individuals and visitation to other individuals, provide a process to resolve any dispute that may arise.

AB93,14,16 (c) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications.

AB93,14,19 (d) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child.