Chapter 324, DEPLOYED PARENTSCUSTODY AND VISITATION
23 sections in this chapter.
Wis. Stat. § 324.01 Short title
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324.01 Short title. This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act. History: 2021 a. 161.
Wis. Stat. § 324.02 Definitions
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324.02 Definitions. In this chapter: (1) “Adult” means an individual who has attained 18 years of age or who is an emancipated minor. (2) “Child” means any of the following: (a) An individual who has not attained 18 years of age and who is not an emancipated minor. (b) An adult s…
Wis. Stat. § 324.03 Remedies for noncompliance
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324.03 Remedies for noncompliance. In addition to other remedies under the law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issue…
Wis. Stat. § 324.04 Jurisdiction
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324.04 Jurisdiction. (1) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under ch. 822. (2) If a court has issued a temporary order regarding custodial responsibility under subch. III, the residence of the deploy…
Wis. Stat. § 324.05 Notification required by deploying parent
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324.05 Notification required by deploying parent. (1) Except as provided in sub. (4) and subject to sub. (3), a deploying parent shall, in a record, notify the other parent of a pending deployment not later than 7 days after the deploying parent receives notice of deployment unle…
Wis. Stat. § 324.06 Duty to notify of change of address
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324.06 Duty to notify of change of address. (1) Except as provided in sub. (2), an individual to whom custodial responsibility has been granted during deployment under subch. II or III shall, until the grant is terminated, notify all of the following of any change in the individu…
Wis. Stat. § 324.21 Form of agreement
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324.21 Form of agreement. (1) The parents of a child may enter into a temporary agreement under this subchapter granting custodial responsibility during deployment. (2) An agreement under sub. (1) shall be in writing and signed by both parents and any nonparent to whom custodial …
Wis. Stat. § 324.22 Nature of authority created by agreement
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324.22 Nature of authority created by agreement. (1) An agreement under this subchapter is temporary and does not create an independent, continuing right to physical placement, legal custody, or visitation for an individual to whom custodial responsibility is given. The temporary…
Wis. Stat. § 324.23 Modification of agreement
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324.23 Modification of agreement. (1) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made under this subchapter subject to any visitation rights granted by court order under s. 767.43. (2) If an agreement is modified under sub…
Wis. Stat. § 324.25 Filing agreement with court
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324.25 Filing agreement with court. If a court order on custodial responsibility or child support is in effect concerning a child who is the subject of an agreement under this subchapter, the agreement shall be filed within a reasonable time with that ordering court. The case num…
Wis. Stat. § 324.31 Proceeding for temporary deployment custody order
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324.31 Proceeding for temporary deployment custody order. (1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility, unless prohibited by the Servicemembers Civil Relief Ac…
Wis. Stat. § 324.32 Expedited hearing
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324.32 Expedited hearing. If a motion to grant custodial responsibility is filed under s. 324.31 (2) before a deploying parent deploys, the court shall conduct a hearing within 30 days of filing. History: 2021 a. 161.
Wis. Stat. § 324.33 Testimony by electronic means
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324.33 Testimony by electronic means. In a proceeding under this subchapter, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and 324.37 present evidence by electronic means unless the court finds good cause to require a perso…
Wis. Stat. § 324.34 Effect of prior judicial order or agreement
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324.34 Effect of prior judicial order or agreement. In a proceeding for a grant of custodial responsibility under this subchapter, all of the following apply: (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless…
Wis. Stat. § 324.345 Best interest of the child
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324.345 Best interest of the child. In determining the best interest of the child under this chapter, the court shall consider the factors in custody and physical placement determinations under s. 767.41 (5), with a particular emphasis on maintaining sibling relationships. The co…
Wis. Stat. § 324.35 Grant of physical placement to nonparent
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324.35 Grant of physical placement to nonparent. (1) On the motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child, a court may grant physical placement to a nonparent who is an adult family me…
Wis. Stat. § 324.37 Nature of authority created by temporary custodial responsibility order
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324.37 Nature of authority created by temporary custodial responsibility order. (1) A grant of authority under this subchapter is temporary and does not create an independent, continuing right to physical placement, legal custody, or visitation in an individual to whom it is gran…
Wis. Stat. § 324.38 Content of temporary custodial responsibility order
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324.38 Content of temporary custodial responsibility order. (1) An order granting custodial responsibility under this subchapter shall do all of the following: (a) Designate the order as temporary. (b) Identify to the extent feasible the destination, duration, and conditions of t…
Wis. Stat. § 324.39 Order for child support
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324.39 Order for child support. If the court issues an order granting physical placement under this subchapter, or an agreement granting physical placement has been executed under subch. II, the court may enter a temporary order for child support consistent with the law of this s…
Wis. Stat. § 324.395 Modifying or terminating grant of custodial responsibility to nonparent
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324.395 Modifying or terminating grant of custodial responsibility to nonparent. Except for an order described in s. 324.34 (1), and consistent with the Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522, on the motion of a deploying parent or other parent or any nonpar…
Wis. Stat. § 324.42 Uniformity of application and construction
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324.42 Uniformity of application and construction. In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Deployed Parents Custody and Visitation Act…
Wis. Stat. § 324.43 Relation to Electronic Signatures in Global and National Commerce Act
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324.43 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, except that the chapter does not modify, limit, or supersede 15 U…
Wis. Stat. § 324.44 Savings clause
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324.44 Savings clause. (10) “Legal custody” has the meaning given in s. 767.001 (2). (11) “Nonparent” means an individual other than a deploying parent or other parent. (12) “Other parent” means an individual who, in common with a deploying parent, is any of the following: (a) A …