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WI AB151
WI AB151A presumption that equalizing physical placement to the highest degree is in the child’s best interest.
summary
Introduced
04/02/2025
04/02/2025
In Committee
04/02/2025
04/02/2025
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.
AI Summary
This bill modifies Wisconsin law regarding child custody and physical placement, creating a new presumption that equalizing physical placement time between parents is in the child's best interest. Currently, courts consider various factors when determining placement schedules, but this bill would change the standard by automatically presuming that a 50/50 split of parenting time is optimal. However, this presumption can be challenged (or "rebutted") if a court finds, based on the preponderance of evidence and after considering statutory best-interest factors, that equal placement would not be in the child's best interest. The bill also adds a new factor for courts to consider: the geographic separation between parents. This change aims to give equal parenting time more weight in custody determinations, shifting away from the previous approach that focused on "meaningful periods" of placement and maximizing time with each parent. The bill would apply to new legal proceedings commenced on its effective date, meaning it would not retroactively change existing custody arrangements.
Committee Categories
Education
Sponsors (11)
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)*,
Eric Wimberger (R),
Last Action
Read first time and referred to Committee on Children and Families (on 04/02/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab151 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/AB151.pdf |
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