AB93,9,3 (d) Specify any visitation rights of a nonparent.

AB93,9,5 (e) If, under the agreement, custodial responsibility is shared by 2 or more individuals, provide a process to resolve any dispute that may arise.

AB93,9,9 (f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent may have contact with the child, any role to be played by the other parent or by a nonparent in facilitating the contact, and the allocation of any costs of contact.

AB93,9,11 (g) Specify the contact between the deploying parent and child during the time that the deploying parent is on leave or is otherwise available.

AB93,9,14 (h) Acknowledge that any party's child support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court.

AB93,9,16 (i) Specify that the temporary arrangement will terminate in accordance with s. 324.22 (1).

AB93,9,18 (j) If the agreement is required to be filed under s. 324.25, specify which parent is required to file the agreement.

AB93,9,20 (4) The omission of any of the items specified in sub. (3) does not invalidate an agreement under this section.

AB93,9,25 324.22 Nature of authority created by agreement. (1) An agreement under this subchapter is temporary and does not create an independent, continuing right to physical placement, legal custody, or visitation for an individual to whom custodial responsibility is given. The temporary agreement terminates according to one of the following:

AB93,10,2 (a) If deployment is for less than 6 months, the temporary agreement terminates immediately after the deploying parent returns.

AB93,10,4 (b) If deployment is for 6 months or more, the temporary agreement terminates 30 days after the deploying parent returns.

AB93,10,6 (c) The temporary agreement terminates on a date that has been stipulated by all of the parties to the agreement or by modification under s. 324.23.

AB93,10,7 (d) The temporary agreement terminates on a date ordered by the court.

AB93,10,10 (2) A nonparent who has physical placement, legal custody, or visitation by an agreement under this subchapter has standing to enforce the agreement until it has been terminated.

AB93,10,13 324.23 Modification of agreement. (1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made under this subchapter subject to any visitation rights granted by court order under s. 767.43.

AB93,10,16 (2) If an agreement is modified under sub. (1) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

AB93,10,19 (3) If an agreement is modified under sub. (1) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

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.