Senate Bill 108
A Uniform Deployed Parents Custody and Visitation Act
Became law
The governor signed it on Mar 14, 2022. It's .
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Introduced, passed
Feb 11, 2021
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Committee, passed
Approved
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Senate vote, passed
Passed Mar 16, 2021
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Assembly vote, passed
Passed Feb 23, 2022
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Governor, passed
Signed
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Law, here now
2021 Wisconsin Act 161
Latest entry in the official record, Mar 14, 2022: “Published 3-12-2022”
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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
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 Show less
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 Hide the names
Authors (2)
- André Jacque · Republican, Senate
- Janis Ringhand · Democrat, Senate
Signed on in support (11)
- Dave Armstrong · Republican, Assembly
- Janel Brandtjen · Republican, Assembly
- Rob Brooks · Republican, Assembly
- Barbara Dittrich · Republican, Assembly
- Dan Knodl · Republican, Assembly
- Mike Kuglitsch · Republican, Assembly
- Dave Murphy · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- Ken Skowronski · Republican, Assembly
- Ron Tusler · Republican, Assembly
- Chuck Wichgers · Republican, Assembly
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
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Mar 14, 2022
The new law was published.
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Mar 14, 2022
The governor signed it. It became 2021 Wisconsin Act 161.
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Mar 10, 2022
Sent to the governor.
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Feb 23, 2022
The Assembly passed it too.
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Feb 17, 2022
Sent to the Assembly Committee on Rules.
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Mar 17, 2021
The Assembly received it.
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Mar 16, 2021
The Senate passed it.
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Mar 3, 2021
The committee voted to recommend passing it, 5 to 0.
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Feb 22, 2021
The committee held a public hearing.
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Feb 11, 2021
Sent to the Senate Committee on Human Services, Children and Families.
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Feb 11, 2021
Introduced in the Senate.
See the official record, word for word Hide the official record
- 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
- Feb 11, 2021 · Senate
Read first time and referred to Committee on Human Services, Children and Families
- Feb 22, 2021 · Senate
Public hearing held
- Mar 2, 2021 · Senate
Executive action taken
- Mar 3, 2021 · Senate
Report passage recommended by Committee on Human Services, Children and Families, Ayes 5, Noes 0
- Mar 3, 2021 · Senate
Available for scheduling
- Mar 12, 2021 · Senate
Placed on calendar 3-16-2021 pursuant to Senate Rule 18(1)
- Mar 16, 2021 · Senate
Read a second time
- Mar 16, 2021 · Senate
Ordered to a third reading
- Mar 16, 2021 · Senate
Rules suspended
- Mar 16, 2021 · Senate
Read a third time and passed
- Mar 16, 2021 · Senate
Ordered immediately messaged
- Mar 17, 2021 · Assembly
Received from Senate
- Feb 17, 2022 · Assembly
Read first time and referred to committee on Rules
- Feb 22, 2022 · Assembly
Made a special order of business at 9:44 AM on 2-23-2022 pursuant to Assembly Resolution 29
- Feb 23, 2022 · Assembly
Read a second time
- Feb 23, 2022 · Assembly
Ordered to a third reading
- Feb 23, 2022 · Assembly
Rules suspended
- Feb 23, 2022 · Assembly
Read a third time and concurred in
- Feb 23, 2022 · Assembly
Ordered immediately messaged
- Feb 23, 2022 · Senate
Received from Assembly concurred in
- Mar 2, 2022 · Senate
Report correctly enrolled
- Mar 10, 2022 · Senate
Presented to the Governor on 3-10-2022
- Mar 14, 2022 · Senate
Report approved by the Governor on 3-11-2022. 2021 Wisconsin Act 161
- 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
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