Wisconsin Assembly Bill AB262

Wisconsin 2025-2026 Regular Session

• Introduced: 5/19/25
• Refer: 5/19/25
• Failed: 3/23/26

Caption

An Act to amend 767.225 (1) (am) and 767.41 (6) (a) of the statutes; Relating to: findings of fact when the court grants less than equal physical placement of a child.

Summary

AB262 would change Wisconsin family law rules governing court-ordered physical placement of a child in contested custody or placement cases. Under current law, a court must make specific findings of fact when it awards one parent less than 25% of the child’s physical placement time; this bill raises that threshold to less than 50%, meaning courts would have to explain in writing why a parent is receiving less than equal placement whenever that parent gets under half of the time. The bill amends two statutes, one covering temporary placement orders and one covering final orders in actions affecting the family. It does not change the underlying best-interest standard for custody or placement decisions, but it does require more detailed judicial findings in a broader set of cases. The bill would apply only to placement orders issued on or after its effective date, which is the first day of the seventh month after publication.

Impact

AB262 would expand the circumstances in which Wisconsin family courts must make specific written findings when awarding one parent less than equal physical placement of a child. This would affect judges, litigants, and family law practitioners by increasing the documentation required in contested placement cases and by giving parents receiving less than 50% placement a clearer record of the court’s reasoning. The bill amends sections 767.225 and 767.41 of the Wisconsin Statutes and leaves the substantive best-interest factors unchanged.

Sentiment

The available record shows limited public debate, committee discussion, or recorded votes, so there is no strong evidence of broad support or opposition in the materials provided. The bill’s introduction and referral to the Committee on Children and Families suggest it was treated as a family-law policy proposal focused on court procedure and parental placement rights. Its failure to pass pursuant to Senate Joint Resolution 1 indicates it did not advance to enactment.

Contention

The main point of contention is likely the higher threshold for required judicial findings: supporters may view the change as increasing transparency and accountability when a parent receives less than half of placement time, while opponents may see it as adding procedural burdens or implying a preference for equal placement. Another possible concern is whether the bill could indirectly affect judicial discretion in sensitive custody disputes by requiring more detailed justification in a wider range of cases. No specific stakeholder testimony or recorded objections were provided in the materials.