Senate Bill 161 proposes significant changes to the determination of physical placement schedules in family law cases in Wisconsin. The bill amends current law by removing the existing standard that allows courts to consider various factors when setting a physical placement schedule. Instead, it establishes a presumption that equalizing physical placement time between both parents is in the child's best interest. This presumption can be rebutted if the court finds, by a preponderance of the evidence and after considering all statutory best-interest factors, that equal placement would not serve the child's best interests.

Additionally, the bill creates a new provision that includes the geographic separation of the parties as a factor to be considered in determining physical placement. This change aims to ensure that the physical placement schedule maximizes the time a child spends with each parent while still allowing for considerations of practical circumstances, such as distance between households. The bill is set to apply to actions or proceedings that commence on its effective date.

Statutes affected:
Bill Text: 767.41(4)(a)2, 767.41