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Wisconsin Legislature: AB151: Bill Text
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AB151: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2334/1
SWB:cdc
2025 ASSEMBLY BILL 151
April 2, 2025 - Introduced by Representatives
Mursau
,
Armstrong
,
Behnke
,
Brooks
,
Dallman
,
Knodl
,
Kreibich
,
O'Connor
,
Piwowarczyk
and
Steffen
, cosponsored by Senator
Wimberger
. Referred to Committee on Children and Families.
AB151,1,3
1
An Act
to amend
767.41 (4) (a) 2.;
to create
767.41 (5) (am) 5m. of the statutes;
2
relating to:
a presumption that equalizing physical placement to the highest
3
degree is in the child’s best interest.
Analysis by the Legislative Reference Bureau
Under current law, a court must set a physical placement schedule in an action affecting the family that allows a child to have regularly occurring, meaningful periods of physical placement and that maximizes the amount of time for a child with each parent and that is based on the best interest of the child. The Wisconsin Supreme Court in
Landwehr v. Landwehr
, 2006 WI 64, 291 Wis. 2d 49, 715 N.W.2d 180, has stated that this standard does not require equal placement for a child with both parents.
This bill removes the current standard for determining a physical placement schedule and instead creates a presumption that equal placement of a child with both parents is in the child’s best interest. The presumption is rebutted if a court finds by a preponderance of the evidence, after considering all of the statutory best-interest factors, that equalizing physical placement time between parents would not be in a child’s best interest.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB151,1
1
Section
1
.
767.41 (4) (a) 2. of the statutes is amended to read:
AB151,2,12
2
767.41
(4)
(a) 2. In determining the allocation of periods of physical
3
placement, the court shall
consider each case on the basis of the factors in sub. (5)
4
(am), subject to sub. (5) (bm). The court shall set
presume that
a placement
5
schedule that
allows the child to have regularly occurring, meaningful periods of
6
physical placement with each parent and that maximizes
equalizes to the highest
7
degree
the amount of time the child may spend with each parent
, taking into
8
account geographic separation and accommodations for different households
is in
9
the best interest of the child. The presumption under this subdivision is rebutted if
10
the court finds by a preponderance of the evidence, after considering all of the
11
factors in sub. (5) (am), subject to sub. (5) (bm), that equalizing physical placement
12
to the highest degree is not in the child’s best interest
.
AB151,2
13
Section
2
.
767.41 (5) (am) 5m. of the statutes is created to read:
AB151,2,14
14
767.41
(5)
(am) 5m. The geographic separation of the parties.
AB151,3
15
Section
3
. Initial applicability.
AB151,2,17
16
(
1
) This act first applies to actions or proceedings that are commenced on the
17
effective date of this subsection.
AB151,2,18
18
(end)
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