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Bills from the 2021–22 session

Senate Bill 108

A Uniform Deployed Parents Custody and Visitation Act

Became law

The governor signed it on Mar 14, 2022. It's ⁠.

  1. Introduced, passed

    Feb 11, 2021

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Mar 16, 2021

  4. Assembly vote, passed

    Passed Feb 23, 2022

  5. Governor, passed

    Signed

  6. Law, here now

    2021 Wisconsin Act 161

Latest entry in the official record, Mar 14, 2022: “Published 3-12-2022”

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

uniform deployed parents custody and visitation act Overview This bill adopts the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), by the Uniform Law Commission, to provide a process and standards for a temporary delegation of custodial responsibilities when a parent is deployed in military or other national service.

Under current law, in a legal custody determination, a court is prohibited from considering whether a service member has been or will be absent from the home for a call to active duty. In a physical placement determination, a court may allocate a service member's physical placement periods to the other parent for the duration of the service member's call to active duty, if the order requires immediate reinstatement of the prior physical placement schedule upon the service member's return.

Read the full summary

Additionally, under current law, parents may together sign a power of attorney for a temporary delegation of parental powers for the care and custody of a child to another person. However, the Wisconsin Court of Appeals held in Lubinski v.

Lubinski, 2008 WI App 151, 314 Wis. 2d 395, 761 N.W.2d 676, that a court has no authority to delegate a service member's allocation of physical placement periods to another person without the other parent's agreement.

The bill maintains current law relating to determining or revising a legal custody or physical placement order between parents, but provides two new methods for creating a temporary delegation of custodial responsibilities to another person during a parent's deployment: a temporary agreement between the parents or a temporary court order following a hearing.

Temporary agreement Under a temporary agreement entered into by the parents, custodial responsibilities or visitation may be shared with any agreed-upon person. The agreement must identify the specific arrangements for custodial responsibility or visitation, a process to resolve any dispute that may arise, and arrangements for the deploying parent's contact with the child during the deployment and while on leave.

The temporary agreement must be signed by both parents and any other person with whom custodial responsibility is shared, and, if the child is the subject of an underlying action affecting the family, the agreement must be filed with the court that has jurisdiction in that action.

Temporary court order Under proceedings for a temporary court order, unless a proceeding is prohibited by the Servicemembers Civil Relief Act, custodial responsibilities or visitation may be granted upon a deploying parent's request to a stepparent, grandparent, or great-grandparent or to an adult who has a parent-like relationship with the child. The arrangements must be found to be in the best interests of the child, using the best-interest factors identified in current state law for legal custody and physical placement determinations, placing particular emphasis on maintaining sibling relationships.

Under the bill, a delegation of physical placement cannot be greater than a child's habitual or court-ordered physical placement with the deploying parent unless otherwise agreed to by the other parent or as needed to add any unusual travel time. Additionally, a delegation of custodial responsibilities or visitation cannot be granted to a person who was previously denied those rights.

Similar to a temporary agreement, a temporary court order must identify the specific arrangements for custodial responsibility or visitation, a process to resolve any dispute that may arise, and arrangements for the deploying parent's contact with the child during the deployment and while on leave. If a court issues a temporary order, or a temporary agreement has been filed, a court may enter a temporary order for child support.

When a court receives a motion for a temporary delegation of custodial responsibilities during deployment, the court must conduct a hearing within 30 days and must allow a parent or other person to appear by electronic means if the person is not available to personally appear, unless there is good cause to require a personal appearance.

Initiation The bill applies to a service member who is deployed between 30 days and 18 months in accordance with service orders that are designated as unaccompanied, do not authorize dependent travel, or otherwise do not permit movement of a child to the location. As applied in the bill, service may include service in the U.S. armed forces, including any reserve component; the national guard of any state; the merchant marine; the commissioned corps of the U.S. Public Health Service; or the commissioned corps of the National Oceanic and Atmospheric Administration.

To begin the process, if a parent receives a deployment order, the parent must provide notice of the deployment to the other parent within seven days or as soon as reasonably possible. As soon as reasonably possible after providing the notice, the parents must provide each other with a plan for fulfilling their respective shares of custodial responsibility during the deployment.

Termination T he bill specifies that temporary arrangements under either an agreement or court order terminate immediately upon the return of a deploying parent if the deployment is for less than six months, 30 days after the return of a deploying parent if the deployment is for six months or more, or on a date that is specified by stipulation by the parties or a court order.

Failure to comply; penalties If a parent has acted in bad faith or intentionally failed to comply with a temporary court order or other requirement under these provisions, the bill specifies that a court may assess reasonable attorney fees and costs and may order other appropriate relief.

Forms The bill asks the Wisconsin Court Records Management Committee to develop a form that parents may use to enter into an agreement, and a form to file a motion with a court, for a temporary delegation of custodial responsibilities for a child during a parent's deployment.

Who's behind it

2 senators are its ⁠. 1 is a Democrat and 1 is a Republican.

11 more lawmakers ⁠.

See all 13 names

Authors (2)

Signed on in support (11)

How lawmakers voted

There was one vote on this bill.

Senate Committee on Human Services vote to recommend it

Passed, 5 to 0 · Mar 3, 2021

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by Committee on Human Services, Children and Families, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. Mar 14, 2022

    The new law was published.

  2. Mar 14, 2022

    The governor signed it. It became 2021 Wisconsin Act 161.

  3. Mar 10, 2022

    Sent to the governor.

  4. Feb 23, 2022

    The Assembly passed it too.

  5. Feb 17, 2022

    Sent to the Assembly Committee on Rules.

  6. Mar 17, 2021

    The Assembly received it.

  7. Mar 16, 2021

    The Senate passed it.

  8. Mar 3, 2021

    The committee voted to recommend passing it, 5 to 0.

  9. Feb 22, 2021

    The committee held a public hearing.

  10. Feb 11, 2021

    Sent to the Senate Committee on Human Services, Children and Families.

  11. Feb 11, 2021

    Introduced in the Senate.

See the official record, word for word
  1. Feb 11, 2021 · Senate

    Introduced by Senators Jacque and Ringhand; cosponsored by Representatives Brooks, Armstrong, Brandtjen, Dittrich, Knodl, Kuglitsch, Murphy, Mursau, Skowronski, Tusler and Wichgers

  2. Feb 11, 2021 · Senate

    Read first time and referred to Committee on Human Services, Children and Families

  3. Feb 22, 2021 · Senate

    Public hearing held

  4. Mar 2, 2021 · Senate

    Executive action taken

  5. Mar 3, 2021 · Senate

    Report passage recommended by Committee on Human Services, Children and Families, Ayes 5, Noes 0

  6. Mar 3, 2021 · Senate

    Available for scheduling

  7. Mar 12, 2021 · Senate

    Placed on calendar 3-16-2021 pursuant to Senate Rule 18(1)

  8. Mar 16, 2021 · Senate

    Read a second time

  9. Mar 16, 2021 · Senate

    Ordered to a third reading

  10. Mar 16, 2021 · Senate

    Rules suspended

  11. Mar 16, 2021 · Senate

    Read a third time and passed

  12. Mar 16, 2021 · Senate

    Ordered immediately messaged

  13. Mar 17, 2021 · Assembly

    Received from Senate

  14. Feb 17, 2022 · Assembly

    Read first time and referred to committee on Rules

  15. Feb 22, 2022 · Assembly

    Made a special order of business at 9:44 AM on 2-23-2022 pursuant to Assembly Resolution 29

  16. Feb 23, 2022 · Assembly

    Read a second time

  17. Feb 23, 2022 · Assembly

    Ordered to a third reading

  18. Feb 23, 2022 · Assembly

    Rules suspended

  19. Feb 23, 2022 · Assembly

    Read a third time and concurred in

  20. Feb 23, 2022 · Assembly

    Ordered immediately messaged

  21. Feb 23, 2022 · Senate

    Received from Assembly concurred in

  22. Mar 2, 2022 · Senate

    Report correctly enrolled

  23. Mar 10, 2022 · Senate

    Presented to the Governor on 3-10-2022

  24. Mar 14, 2022 · Senate

    Report approved by the Governor on 3-11-2022. 2021 Wisconsin Act 161

  25. Mar 14, 2022 · Senate

    Published 3-12-2022

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote