AB103,9,1312 (g) Specify the contact between the deploying parent and child during the time
13that the deploying parent is on leave or is otherwise available.
AB103,9,1614 (h) Acknowledge that any party's child support obligation cannot be modified
15by the agreement and that changing the terms of the obligation during deployment
16requires modification in the appropriate court.
AB103,9,1817 (i) Specify that the temporary arrangement will terminate in accordance with
18s. 324.22 (1).
AB103,9,2019 (j) If the agreement is required to be filed under s. 324.25, specify which parent
20is required to file the agreement.
AB103,9,22 21(4) The omission of any of the items specified in sub. (3) does not invalidate an
22agreement under this section.
AB103,9,25 23324.22 Nature of authority created by agreement. (1) An agreement
24under this subchapter is temporary and does not create an independent, continuing
25right to physical placement, legal custody, or visitation for an individual to whom

1custodial responsibility is given. The temporary agreement terminates according to
2one of the following:
AB103,10,43 (a) If deployment is for less than 6 months, the temporary agreement
4terminates immediately after the deploying parent returns.
AB103,10,65 (b) If deployment is for 6 months or more, the temporary agreement terminates
630 days after the deploying parent returns.
AB103,10,87 (c) The temporary agreement terminates on a date that has been stipulated by
8all of the parties to the agreement or by modification under s. 324.23.
AB103,10,99 (d) The temporary agreement terminates on a date ordered by the court.
AB103,10,12 10(2) A nonparent who has physical placement, legal custody, or visitation by an
11agreement under this subchapter has standing to enforce the agreement until it has
12been terminated.
AB103,10,15 13324.23 Modification of agreement. (1) By mutual consent, the parents of
14a child may modify an agreement regarding custodial responsibility made under this
15subchapter subject to any visitation rights granted by court order under s. 767.43.
AB103,10,18 16(2) If an agreement is modified under sub. (1) before deployment of a deploying
17parent, the modification must be in writing and signed by both parents and any
18nonparent who will exercise custodial responsibility under the modified agreement.
AB103,10,21 19(3) If an agreement is modified under sub. (1) during deployment of a deploying
20parent, the modification must be agreed to in a record by both parents and any
21nonparent who will exercise custodial responsibility under the modified agreement.
AB103,11,2 22324.25 Filing agreement with court. If a court order on custodial
23responsibility or child support is in effect concerning a child who is the subject of an
24agreement under this subchapter, the agreement shall be filed within a reasonable
25time with that ordering court. The case number and heading of the underlying action

1affecting the family under ch. 767 concerning custodial responsibility or child
2support shall be provided to the court with the agreement.
AB103,11,33 subchapter III
AB103,11,64 JUDICIAL PROCEDURE FOR GRANTING
5 CUSTODIAL RESPONSIBILITY
6 DURING DEPLOYMENT
AB103,11,12 7324.31 Proceeding for temporary deployment custody order. (1) After
8a deploying parent receives notice of deployment and until the deployment
9terminates, a court may issue a temporary order granting custodial responsibility,
10unless prohibited by the Servicemembers Civil Relief Act, 50 USC Appendix 521 and
11522. A court may not issue a permanent order granting custodial responsibility
12without the consent of the deploying parent.
AB103,11,19 13(2) At any time after a deploying parent receives notice of deployment, the
14deploying parent or other parent may file a motion regarding custodial responsibility
15for a child during deployment. The motion shall be filed in an underlying action
16affecting the family under ch. 767 for custodial responsibility in a court with
17jurisdiction under s. 324.04 or, if there is no underlying action affecting the family
18under ch. 767 in a court with jurisdiction under s. 324.04, in a new action for granting
19custodial responsibility during deployment.
AB103,11,22 20324.32 Expedited hearing. If a motion to grant custodial responsibility is
21filed under s. 324.31 (2) before a deploying parent deploys, the court shall conduct
22a hearing within 30 days of filing.
AB103,12,2 23324.33 Testimony by electronic means. In a proceeding under this
24subchapter, a party or witness who is not reasonably available to appear personally

1may appear, provide testimony, and present evidence by electronic means unless the
2court finds good cause to require a personal appearance.
AB103,12,4 3324.34 Effect of prior judicial order or agreement. In a proceeding for a
4grant of custodial responsibility under this subchapter, all of the following apply:
AB103,12,8 5(1) A prior judicial order designating custodial responsibility in the event of
6deployment is binding on the court unless the circumstances meet the requirements
7of the law of this state other than this chapter for modifying a judicial order regarding
8custodial responsibility.
AB103,12,12 9(2) The court shall enforce a prior written agreement between the parents for
10designating custodial responsibility in the event of deployment, including an
11agreement executed under subch. II, unless the court finds that the agreement is
12contrary to the best interest of the child.
AB103,12,20 13324.345 Best interest of the child. In determining the best interest of the
14child under this chapter, the court shall consider the factors in custody and physical
15placement determinations under s. 767.41 (5), with a particular emphasis on
16maintaining sibling relationships. The court may not grant legal custody, physical
17placement, or visitation to an individual in a temporary legal custody or physical
18placement order under this chapter if that individual has previously been denied
19legal custody, physical placement, visitation, guardianship, or any other custodial
20rights for the child under ch. 48, 54, 55, or 767.
AB103,12,25 21324.35 Grant of physical placement to nonparent. (1) On the motion of
22a deploying parent and in accordance with the law of this state other than this
23chapter, if it is in the best interest of the child, a court may grant physical placement
24to a nonparent who is an adult family member of the child or an adult who has
25maintained a relationship similar to a parent-child relationship with the child.
AB103,13,3
1(2) Unless a grant of physical placement to a nonparent under sub. (1) is agreed
2to by the other parent, the grant is limited to an amount of time not greater than
3either of the following:
AB103,13,64 (a) The amount of time granted to the deploying parent under a permanent
5legal custody or physical placement order, but the court may add unusual travel time
6necessary to transport the child.
AB103,13,107 (b) In the absence of a permanent legal custody or physical placement order
8that is currently in effect, the amount of time that the deploying parent habitually
9cared for the child before being notified of deployment, but the court may add
10unusual travel time necessary to transport the child.