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WI SB161

Bill

Status

Failed

3/23/2026

Primary Sponsor

Eric Wimberger

Click for details

Origin

Senate

2025-2026 Regular Session

AI Summary

  • Creates a legal presumption in Wisconsin family law that equal physical placement (custody time) between both parents is in a child's best interest

  • 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

  • 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

  • Adds "geographic separation of the parties" as a new factor courts must consider when determining physical placement schedules

  • 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

Committee Referrals

Mental Health, Substance Abuse Prevention, Children and Families3/27/2025

Full Bill Text

No bill text available