767.23 Temporary orders for support of spouse and children; suit money; attorney fees.
767.24 Custody and physical placement.
767.245 Visitation rights of certain persons.
767.253 Seek-work orders.
767.254 Unemployed teenage parent.
767.255 Property division.
767.26 Maintenance payments.
767.262 Award of attorney fees.
767.263 Notice of change of employer, change of address and change in ability to pay; other information.
767.265 Income withholding.
767.266 Effect on transfers at death.
767.267 Account transfers.
767.27 Disclosure of assets required.
767.275 Disposition of assets prior to action.
767.28 Maintenance, legal custody and support when divorce or separation denied.
767.29 Maintenance, child support and family support payments, receipt and disbursement; family court commissioner, fees and compensation.
767.293 Affidavit for certain arrearages.
767.295 Work experience and job training orders and child support orders in certain cases.
767.30 Enforcement of payments ordered.
767.303 Enforcement of child support; suspension of operating privilege.
767.305 Enforcement; contempt proceedings.
767.31 Trustee may be appointed.
767.32 Revision of certain judgments.
767.325 Revision of legal custody and physical placement orders.
767.327 Moving the child's residence within or outside the state.
767.329 Revisions agreed to by stipulation.
767.33 Annual adjustments in child support order.
767.37 Effect of judgment.
767.38 Judgment revoked on remarriage.
767.39 Maintenance payments or other allowances pending appeal.
767.40 Contempt proceedings.
767.42 Abandonment; seizure of property.
767.45 Determination of paternity.
767.456 Enlargement of time in a paternity proceeding.
767.457 Time of first appearance.
767.458 First appearance.
767.459 Appearance on behalf of deceased respondent.
767.46 Pretrial paternity proceedings.
767.463 Dismissal if adjudication not in child's best interest.
767.465 Default and stipulated judgments.
767.466 Motion to reopen judgment based on statement acknowledging paternity.
767.47 Testimony and evidence relating to paternity.
767.475 Paternity procedures.
767.477 Temporary orders.
767.48 Genetic tests in paternity actions.
767.51 Paternity judgment.
767.53 Paternity hearings and records; confidentiality.
767.60 Determination of marital children.
767.62 Voluntary acknowledgment of paternity.
767.001
767.001
Definitions. In this chapter:
767.001(1d)
(1d) "Department" means the department of workforce development.
767.001(1m)
(1m) "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.
767.001(1s)
(1s) "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.
767.001(2)(a)
(a) 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.
767.001(2)(b)
(b) With respect to the department of health and family services or 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).
767.001(2m)
(2m) "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.
767.001(3)
(3) "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.
767.001(4)
(4) "Mediator" means a person with special skills and training in dispute resolution.
767.001(5)
(5) "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.
767.001(6)
(6) "Sole legal custody" means the condition under which one party has legal custody.
767.001(7)
(7) "Support collection designee" means the county support collection designee under
s. 59.53 (5m).
Effective date note
NOTE: Sub. (7) is repealed eff. January 4, 1999 by
1997 Wis. Act 27.
767.001 Note
NOTE: 1987 Wis. Act 355, which created this section, contains explanatory notes.
767.001 Annotation
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).
767.001 Annotation
A custodial parent's right to make major decisions for the children does not give that parent the right to decide whether the actions of the noncustodial parent are consistent with those decisions. Wood v. DeHahn, 214 W (2d) 221, 571 NW (2d) 186 (Ct. App. 1997).
767.01(1)(1) 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.
767.01(2)
(2) 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 or
801.05.
767.01(3)
(3) 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.
767.01 Cross-reference
Cross-reference: See s.
765.001 for provision as to intent and construction of this chapter.
767.01 Annotation
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.
767.01 Annotation
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).
767.01 Annotation
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).
767.01 Annotation
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).
767.01 Annotation
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).
767.01 Annotation
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).
767.01 Annotation
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).
767.01 Annotation
A family court has jurisdiction to hear equitable claims against 3rd parties that affect the rights of parties to a divorce, such as a claim against a 3rd party title holder of property claimed to actually be part of the marital estate. Zabel v. Zabel, 210 W (2d) 337, 565 NW (2d) 240 (Ct. App. 1997).
767.015
767.015
Child custody jurisdiction. All proceedings relating to the custody of children shall comply with the requirements of
ch. 822.
767.015 History
History: 1975 c. 283;
1979 c. 32 s.
50; Stats. 1979 s. 767.015.
