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Legislation Introduced To Equalize Child Placement |
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MADISON…During the divorce process, children are sometimes used in custody cases as bargaining chips by bitter parents. According to State Representative Terry Musser (R-Melrose) courts are instructed to maximize placement of children between each parent in custody disputes and in doing so are actually minimizing placement with the other parent.
Assembly Bill 571 proposes to address those disputes by changing the word maximize to equalize, when placement is being decided. The best interest of the child must also be considered while considering the equal placement factor. The bill provides a reasonable expectation that placement will be as close to equal as possible unless evidence is present that such a placement is harmful to the child,
Musser explained that this legislation in most cases, should eliminate the temptation of the parents to litigate instead of cooperate. The current system at times may promote conflict between parents and too often results in pushing one parent out of the children’s lives. It drives the parents to further disputes causing more trauma for many children.
The proposed legislation, which Musser co-sponsored, would require the courts to equalize to the highest degree possible placement of children with each parent. Equalized placement would be based on the parenting plans submitted by both parents, thus giving greater weight to the wishes of both parents. This bill would also maintain the present safeguards that allow courts to protect children from harm, including abuse and neglect.
Musser pointed out that in the proposed legislation that if the court finds that equalizing placement would be harmful to the children, the court then will have to decide what is in the best for the children, based on the existing statutory factors.
Assembly Bill 571 has been referred to the Assembly Committee on Children and Family Law.
Representative Musser welcomes your views on this or any state issue and may be contacted at State Capitol - Room 11 West, Madison WI 53702, 1-888-534-0092 or
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