Bill
Bill > SB161
WI SB161
A presumption that equalizing physical placement to the highest degree is in the child’s best interest.
summary
Introduced
03/27/2025
03/27/2025
In Committee
03/27/2025
03/27/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
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. LRB-2146/1 SWB:cdc 2025 - 2026 Legislature SENATE BILL 161
AI Summary
This bill proposes a significant change to Wisconsin's child custody and physical placement laws by creating a legal presumption that equal time with both parents is in a child's best interest. Currently, courts consider various factors when determining physical placement schedules, but are not required to split time equally. Under this proposed legislation, courts would now start with the assumption that children should spend approximately equal time with each parent. However, this presumption can be challenged (or "rebutted") if a court determines, based on the preponderance of evidence and after examining all statutory best-interest factors, that equal placement would not be in the child's best interest. The bill also adds "geographic separation of the parties" as a specific factor for courts to consider when evaluating placement arrangements. This change aims to promote more balanced parental involvement after separation or divorce, while still maintaining judicial discretion to prioritize the child's welfare in cases where equal placement might be detrimental.
Committee Categories
Health and Social Services
Sponsors (11)
Eric Wimberger (R)*,
David Armstrong (R),
Elijah Behnke (R),
Robert Brooks (R),
Alex Dallman (R),
Dan Knodl (R),
Rob Kreibich (R),
Jeff Mursau (R),
Jerry O'Connor (R),
Jim Piwowarczyk (R),
David Steffen (R),
Last Action
Read first time and referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families (on 03/27/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb161 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB161.pdf |
Loading...