An Act to amend 767.41 (4) (a) 2.; to create 767.41 (5) (am) 5m. of the statutes; Relating to: a presumption that equalizing physical placement to the highest degree is in the childâs best interest.
Impact
If SB161 is enacted, it would amend Section 767.41 of the Wisconsin Statutes, which governs the allocation of physical placement in family law cases. The changes would create a baseline expectation for physical placement arrangements, supporting parents' equal involvement. Courts would now have to operate under this presumption unless there is significant evidence to the contrary, thus modifying the approach to custody determinations and potentially impacting the outcomes of future family law cases.
Summary
Senate Bill 161 proposes a significant change in the way physical placement schedules are determined in family law cases in Wisconsin. The bill establishes a legal presumption that equalizing physical placement to the highest degree is in the best interest of the child. This new framework will replace the existing standard, which does not require equal placement. The intention behind this bill is to facilitate more equal parenting time, thereby promoting a shared parenting model that can benefit children of separated or divorced parents.
Contention
Notably, the bill might face opposition from those who believe that equal physical placement is not always in a child's best interest, as individual family circumstances can vary widely. Critics may argue that this presumption could undermine the nuanced decisions that judges must make in custodial disputes. The inclusion of statutory best-interest factors means that while the presumption is strong, it can be rebutted, which might lead to debates about what constitutes sufficient evidence to deviate from equal placement arrangements.
Crossfiled
An Act to amend 767.41 (4) (a) 2.; to create 767.41 (5) (am) 5m. of the statutes; Relating to: a presumption that equalizing physical placement to the highest degree is in the childâs best interest.
Creates the rebuttable presumption that joint legal custody and shared placement is in the best interest of the child and create a mechanism in constructing a parenting plan should the court deviate from equal parenting time.