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WI SB161
Bill
Status
3/23/2026
Primary Sponsor
Eric Wimberger
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AI Summary
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Creates a legal presumption in Wisconsin family law that equal physical placement (custody time) between both parents is in a child's best interest
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Replaces the current standard requiring courts to "maximize" time with each parent, which the Wisconsin Supreme Court ruled in Landwehr v. Landwehr (2006) does not require equal placement
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Allows the presumption to be rebutted if a court finds by a preponderance of the evidence, after considering all statutory best-interest factors, that equal placement would not serve the child's best interest
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Adds "geographic separation of the parties" as a new factor courts must consider when determining physical placement schedules
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Applies only to family law actions or proceedings commenced on or after the bill's effective date
Legislative Description
A presumption that equalizing physical placement to the highest degree is in the child’s best interest.
Last Action
Failed to pass pursuant to Senate Joint Resolution 1
3/23/2026