Motion to reopen judgment based on statement acknowledging paternity.
Testimony and evidence relating to paternity.
Genetic tests in paternity actions.
Paternity hearings and records; confidentiality.
Determination of marital children.
Orders when paternity acknowledged.
In this chapter:
"Department" means the department of industry, labor and job development.
"Genetic test" means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father's paternity.
"Joint legal custody" means the condition under which both parties share legal custody and neither party's legal custody rights are superior, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order.
With respect to any person granted legal custody of a child, other than a county agency or a licensed child welfare agency under par. (b)
, the right and responsibility to make major decisions concerning the child, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order.
With respect to a county agency specified in s. 48.56 (1)
or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12)
"Major decisions" includes, but is not limited to, decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator's license, authorization for nonemergency health care and choice of school and religion.
"Mediation" means a cooperative process involving the parties and a mediator, the purpose of which is to help the parties, by applying communication and dispute resolution skills, define and resolve their own disagreements, with the best interest of the child as the paramount consideration.
"Mediator" means a person with special skills and training in dispute resolution.
"Physical placement" means the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by a person having legal custody.
"Sole legal custody" means the condition under which one party has legal custody.
"Support collection designee" means the county support collection designee under s. 59.07 (97m)
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
History: 1987 a. 355
; 1995 a. 100
NOTE: 1987 Wis. Act 355
, which created this section, contains explanatory notes.
Sub. (2m) confers the right to choose a child's religion on the custodial parent. Lange v. Lange, 175 W (2d) 373, NW (2d) (Ct. App. 1993).
The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in such actions and to carry their orders and judgments into execution as prescribed in this chapter. All actions affecting the family shall be commenced and conducted and the orders and judgments enforced according to these statutes in respect to actions in circuit court, as far as applicable, except as provided in this chapter.
In an action to establish paternity or to establish or enforce a child support obligation, in regard to a child who is the subject of the action, a person is subject to the jurisdiction of the courts of this state as provided in s. 769.201
An action under s. 767.45
may be brought in the county in which the child or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of his estate have been or could be commenced.
See s. 765.001
for provision as to intent and construction of this chapter.
Court had authority to direct defendant to pay plaintiff's medical expenses which would have been covered under insurance policy had defendant properly converted policy pursuant to divorce decree. Rotter v. Rotter, 80 W (2d) 56, 257 NW (2d) 861.
Where husband complied with original court order to make property division instalment payments, court had no authority to order husband to pay wife's income tax on instalments. Wright v. Wright, 92 W (2d) 246, 284 NW (2d) 894 (1979).
Where disposition of homestead was ordered in divorce judgment, family court and probate court had concurrent jurisdiction. Morrissette v. Morrissette, 99 W (2d) 467, 299 NW (2d) 590 (Ct. App. 1980).
Court's order to arbitrate custody and visitation was not proper exercise of authority. Court's order to mediate under s. 767.081, 1981 stats., was abuse of discretion. In re Marriage of Biel v. Biel, 114 W (2d) 191, 336 NW (2d) 404 (Ct. App. 1983).
Joinder of divorce and contract actions between spouses is not required. Caulfield v. Caulfield, 183 W (2d) 83, 515 NW (2d) 278 (Ct. App. 1994).
When one party to a divorce dies during the action the court loses jurisdiction, including jurisdiction to enforce prior orders. Socha v. Socha, 183 W (2d) 390, 515 NW (2d) 337 (Ct. App. 1994).
An injunction against a man, whose petition to establish himself as father of 2 children had been denied, to stay away from the children until they reach age 18 was within the court's power to enforce its judgments and orders. In re Paternity of C.A.S. & C.D.S. 185 W (2d) 468, 518 NW (2d) 285 (Ct. App. 1994).
Child custody jurisdiction.
All proceedings relating to the custody of children shall comply with the requirements of ch. 822
History: 1975 c. 283
; 1979 c. 32
; Stats. 1979 s. 767.015.
Actions affecting the family. 767.02(1)
Actions affecting the family are:
Legal separation (formerly divorce from bed and board).
To enforce or modify a judgment or order in an action affecting the family granted in this state or elsewhere.
Concerning periods of physical placement or visitation rights to children, including an action to prohibit a move with or the removal of a child under s. 767.327 (3) (c)
"Divorce" means divorce from the bonds of matrimony or absolute divorce, when used in this chapter.
A circuit court does not have subject matter jurisdiction in a divorce action to determine attorney's fees between an attorney and client whom the attorney continues to represent in the divorce action. In re Marriage of Stasey v. Stasey, 168 W (2d) 37, 483 NW (2d) 221 (1992).
Section 767.02 (1) (i) allows all actions to modify a judgment in an action affecting marriage to be commenced in any court having jurisdiction under 767.01. 68 Atty. Gen. 106.
Post-divorce judgment venue in multicounty situations. Whipple. WBB Oct. 1987.
The 1977 amendments to the Wisconsin Family Code. Perkins, 1978 WLR 882.
Filing procedures and orders for enforcement or modification of judgments or orders in actions affecting the family.
The following filing procedures shall apply to all enforcement or modification petitions, motions or orders to show cause filed for actions affecting the family under s. 767.02 (1) (i)
Except as provided in sub. (2)
, if a petition, motion or order to show cause requesting enforcement or modification of a judgment or order in an action affecting the family which was granted by a court of this state is filed in a county other than the county in which the judgment was rendered, the petitioner or party bringing the motion or order to show cause shall send a copy of the petition, motion or order to show cause and summons to the clerk of the court in which the judgment was rendered. If a question arises as to which court should exercise jurisdiction, a conference involving both judges, all counsel and guardians ad litem may be convened under s. 807.13 (3)
to resolve the question. The petitioner shall send a copy of any order rendered pursuant to this petition, motion or order to show cause to the clerk of the court in which the original judgment or order was rendered.
Except as provided in ch. 769
, if the petition, motion or order to show cause is for enforcement or modification of a child support, family support or maintenance order, the petition, motion or order to show cause shall be filed in the county in which the original judgment or order was rendered or in the county where the minor children reside unless any of the following applies:
All parties, including the state or its delegate if support, support arrearages, costs or expenses are assigned under ch. 49
, stipulate to filing in another county.
The court in the county which rendered the original judgment or order orders, upon good cause shown, the enforcement or modification petition, motion or order to show cause to be filed in another county.
If the parties have stipulated to filing in another county under par. (a) 1.
, the petitioner or party bringing the motion or order to show cause shall send a copy of the petition, motion or order to show cause and the summons to the clerk of court in the county in which the original judgment or order was rendered.
If the court in the county which rendered the original judgment or order orders the petition, motion or order to show cause to be filed in another county under par. (a) 2.
, the petitioner or party bringing the motion or order to show cause shall attach a copy of the order when filing the petition, motion or order to show cause in the other county.
Except as provided in s. 769.316 (3)
, if an enforcement or modification petition, motion or order to show cause is filed in a county other than the county in which the original judgment or order was rendered under sub. (2) (a)
, the clerk of court or support collection designee, whichever is appropriate, from the county that rendered the original judgment or order shall send a copy of any payment records associated with the original judgment or order of child support, family support or maintenance to the clerk of court in the county in which the petition, motion or order to show cause is filed.
If a petition, motion or order to show cause for enforcement or modification of a child support, family support or maintenance order is filed and heard in a county other than the county in which the original judgment or order was rendered, any judgment or order enforcing or modifying the original judgment or order shall specify the clerk of circuit court or support collection designee to whom payments of support or maintenance are payable and the clerk of circuit court or support collection designee to whom payments of arrearages in support or maintenance, if any, are payable.
Venue for a petition to modify or enforce an out-of-state custody decree is the county where the judgment is filed even though the judgment may be filed in any county. Sharp v. Sharp, 185 W (2d) 416, 518 NW (2d) 254 (Ct. App. 1994).
No marriage may be annulled or held void except pursuant to judicial proceedings. No marriage may be annulled after the death of either party to the marriage. A court may annul a marriage entered into under the following circumstances:
A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of age, because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage. Suit may be brought by either party, or by the legal representative of a party lacking the capacity to consent, no later than one year after the petitioner obtained knowledge of the described condition.
A party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time the marriage was solemnized the other party did not know of the incapacity. Suit may be brought by either party no later than one year after the petitioner obtained knowledge of the incapacity.
A party was 16 or 17 years of age and did not have the consent of his or her parent or guardian or judicial approval, or a party was under 16 years of age. Suit may be brought by the underaged party or a parent or guardian at any time prior to the party's attaining the age of 18 years, but a parent or guardian must bring suit within one year of obtaining knowledge of the marriage.
The marriage is prohibited by the laws of this state. Suit may be brought by either party within 10 years of the marriage, except that the 10-year limitation shall not apply where the marriage is prohibited because either party has another spouse living at the time of the marriage and the impediment has not been removed under s. 765.24
History: 1977 c. 105
; 1979 c. 32
, 92 (2)
; Stats. 1979 s. 767.03.
See note to 767.32, citing In re Marriage of Falk v. Falk, 158 W (2d) 184, 462 NW (2d) 547 (Ct. App. 1990).
Although a marriage may be "void", the marriage governs the parties' legal relations unless it is annulled. Sinai Samaritan Medical Center, Inc. v. McCabe, 197 W (2d) 709, 541 NW (2d) 190 (Ct. App. 1995).
Actions to affirm marriage.
When the validity of any marriage shall be denied or doubted by either of the parties the other party may commence an action to affirm the marriage, and the judgment in such action shall declare such marriage valid or annul the same, and be conclusive upon all persons concerned.
History: 1979 c. 32
; Stats. 1979 s. 767.04.
Guardian ad litem for minor children. 767.045(1)(a)(a)
The court shall appoint a guardian ad litem for a minor child in any action affecting the family if any of the following conditions exists: