AB 95 — Relating to: modifications to legal custody or physical placement contingent upon a future event.

- 2020 LEGISLATURE LRBa0270/1LRB-0660/1 EAW:ahe&amnEAW:cjs&ahe ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 95 JuneMarch 6,22, 2019 - OfferedIntroduced by RepresentativODRIGUEZ.J OINT L EGISLATIVE COUNCIL .

AtReferred theto locationsCommittee indicated,on amendFamily theLaw. bill as follows:

1.A N A CT to amend 767.461;

Pageand 3,to linecreate 17:767.34 (3), 767.41 (5m) and 767.451 (3r) of the statutes;

deleterelating “party."to: and substitute “party, including for the anticipated completion of any of the following:".

2.modifications to legal custody or physical placement contingent upon a future event.

PageAnalysis 3,by linethe 17:Legislative Reference Bureau This bill is explained in theOTES provided by the Joint Legislative Council in the bill.

afterThe thatpeople lineof insert:the state of Wisconsin, represented in senate and assembly, do enact as follows:

“SECTIONJOINTLEGISLATIVECOUNCIL 4m.PREFATORY NOTEThis bill was prepared for the Joint Legislative Council's Study Committee on Child Placement and Support.

767.461Under (1)current tolaw, (4)a court cannot modify an order for legal custody or physical placement that would substantially alter a child's time with each parent within two years of the statutesfinal judgment, unless custodial conditions are createdphysically or emotionally harmful to read:the best interests of the child.

767.461After (1)the Anfirst angertwo managementyears, coursea court may modify an order for legal custody or therapy.physical placement if:

(2)(1) Athere batterer'shas interventionbeen program.a substantial change in circumstances;

(3)and A(2) drugthe orcourt alcoholhas treatmentdetermined orthat therapy.the modification is in the best interests of the child.

(4) A termcourt must presume that maintaining the status quo allocation of incarceration,decision-making extendedand supervision,physical parole,placement oris probationin forthe achild's violationbest ofinterests, s.unless rebutted by the parent seeking the modification.

940.01,This 940.02,bill 940.03,authorizes 940.05,a 940.06,court 940.08,to 940.09,approve 940.10,a 940.19,stipulated 940.195,agreement 940.20,between 940.201the (2),parties 940.203for (2),modifications 940.225to (1),legal (2),custody or (3),physical 940.23,placement 940.235,upon 940.24the (1),occurrence 940.30,of 940.302life (2),events 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011 (2), 947.012, 947.013, LRBa0270/1 - 2020 Legislature - 2 - EAW:ahe&amnLRB-0660/1 948.02EAW:cjs&ahe (1)ASSEMBLY orBILL (2),95 948.025,of 948.03,the 948.04,adult 948.05,parties 948.051,or 948.055,child, 948.06,or 948.07,developmental 948.08,and 948.085,educational 948.095,needs 948.30,of 948.55,the orchild, 951.02that orare anyreasonably felonycertain to whichoccur within two years of the penaltydate enhancerof underthe s.stipulation.

939.621The couldbill beauthorizes imposed,the forcourt to approve such a violationstipulation ofif it is filed in an action initially determining, modifying, or revising a 72-hourlegal nocustody contactand orderphysical underplacement s.order.

968.075The (5),bill forprohibits astipulated violationagreements ofbetween athe domesticparties abusethat restrainingare order,based childon abuseanticipated restrainingbehavior order,modifications orby harassment restraining order, or for a violationparty. to which a penalty enhancer for the use of a dangerous weapon is applied.”.

S ECTION 1.

767.34 (3) of the statutes is created to read:

767.34 (3) A PPROVAL OF STIPULATION FOR MODIFICATIONS CONTINGENT ON FUTURE EVENT.

(a) In this subsection, “future event” means a life event of a party or of the child or a change in the developmental or educational needs of the child.

(b) A court may approve a stipulation for legal custody and physical placement that includes modifications to legal custody or physical placement upon the occurrence of a specified future event that is reasonably certain to occur within 2 years of the date of the stipulation.

A court may not approve a stipulation under this subsection that is based on an anticipated behavior modification of a party.

S ECTION 2.

767.41 (5m) of the statutes is created to read:

767.41(5m) A PPROVAL OF STIPULATION FOR MODIFICATIONS CONTINGENT ON FUTURE EVENT.

In making an order of legal custody under sub.

(2) or (3) or physical placement under sub.

(4), the court may approve a stipulation for modifications to legal custody or physical placement upon the occurrence of a specified future event, as defined under s.

767.34 (3) (a), that is reasonably certain to occur within 2 years of the date of the stipulation and incorporate the terms of the stipulation into the order.

The court may not approve a stipulation under this subsection that is based on an anticipated behavior modification of a party.

S ECTION 3.

767.451 (3r) of the statutes is created to read:

767.451(3r) A PPROVAL OF STIPULATION FOR MODIFICATIONS CONTINGENT ON FUTURE EVENT.

Notwithstanding sub.

(1), in an action to modify a legal custody or physical placement order, the court may approve a stipulation for further modifications to LRB-0660/1 - 2020 Legislature - 3 - EAW:cjs&ahe SECTION 3 ASSEMBLY BILL 95 legal custody or physical placement upon the occurrence of a specified future event, as defined under s.

767.34 (3) (a), that is reasonably certain to occur within 2 years of the date of the stipulation and incorporate the terms of the stipulation into any revised legal custody or physical placement order granted by the court.

The court may not approve a stipulation under this subsection that is based on an anticipated behavior modification of a party.

SECTION 4.

767.461 of the statutes is amended to read: