Judgment revoked on remarriage.
Maintenance payments or other allowances pending appeal.
Abandonment; seizure of property.
Determination of paternity.
Enlargement of time in a paternity proceeding.
Time of first appearance.
Appearance on behalf of deceased respondent.
Pretrial paternity proceedings.
Dismissal if adjudication not in child's best interest.
Default and stipulated judgments.
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.
Voluntary acknowledgment of paternity.
In this chapter:
"Department" means the department of workforce 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 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)
"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.
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 Wis. 2d 373
, N.W.2d (Ct. App. 1993).
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 Wis. 2d 221
, 571 N.W.2d 186
(Ct. App. 1997).
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.
The trail court had authority to direct the defendant to the pay the plaintiff's medical expenses that would have been covered under an insurance policy had the defendant properly converted the policy under a divorce decree. Rotter v. Rotter, 80 Wis. 2d 56
, 257 N.W.2d 861
Where a husband complied with the original court order to make property division instalment payments, the court had no authority to order the husband to pay the wife's income tax on instalments. Wright v. Wright, 92 Wis. 2d 246
, 284 N.W.2d 894
Where possession of the party's homestead was awarded by the divorce judgment to the wife to be sold upon her death with the proceeds divided between the parties, the family court and probate court had concurrent jurisdiction. Morrissette v. Morrissette, 99 Wis. 2d 467
, 299 N.W.2d 590
(Ct. App. 1980).
The court's order to mediate under s. 767.081, 1981 stats., was an abuse of discretion. Biel v. Biel, 114 Wis. 2d 191
, 336 N.W.2d 404
(Ct. App. 1983).
Joinder of divorce and contract actions between spouses is not required. Caulfield v. Caulfield, 183 Wis. 2d 83
, 515 N.W.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 Wis. 2d 390
, 515 N.W.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 Wis. 2d 468
, 518 N.W.2d 285
(Ct. App. 1994).
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 Wis. 2d 337
, 565 N.W.2d 240
(Ct. App. 1997).
Ch. 822, the Uniform Child Custody Jurisdiction Act, does not, in and of itself, establish a sufficient statutory basis for personal jurisdiction over a nonresident defendant in a paternity proceeding. Paula M.S. v. Neal A. R. 226 Wis. 2d 79
, 593 N.W.2d 486
(Ct. App. 1999).
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 fees between an attorney and client that the attorney continues to represent in the divorce action. In re Marriage of Stasey v. Stasey, 168 Wis. 2d 37
, 483 N.W.2d 221
A divorce action terminates on the death of a spouse. After the death an order prohibiting an act in regard to marital property entered in the divorce may not be enforced under ch. 767. As the parties are legally married at the time of death, the sole remedy for resolving for resolving disputes over marital property lies under s. 766.70. Socha v. Socha, 204 Wis. 2d 474
, 555 N.W.2d (152 Ct. App. 1996).
There is no authority in this chapter to allow a name change for children in a divorce action. Jocius v. Jocius, 218 Wis. 2d 103
, 580 N.W.2d 708
(Ct. App. 1998).
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.