767.461   Revisions agreed to by stipulation.
767.471   Enforcement of physical placement orders.
767.481   Relocating a child's residence.
SUBCHAPTER VI
SUPPORT AND MAINTENANCE
767.501   Actions to compel support.
767.511   Child support.
767.513   Child health care expenses.
767.521   Action by state for child support.
767.531   Family support.
767.54   Required exchange of financial information.
767.55   Child support: employment-related orders.
767.553   Annual adjustments in support orders.
767.56   Maintenance.
767.57   Maintenance, child support, and family support payments; fees.
767.58   Notice of change of employer, address, and ability to pay; other information.
767.59   Revision of support and maintenance orders.
SUBCHAPTER VII
PROPERTY DIVISION
767.61   Property division.
767.63   Disposed assets may be subject to division.
SUBCHAPTER VIII
ENFORCEMENT
767.70   Child support enforcement: notice and service of process.
767.71   Reconciling percentage-expressed support orders.
767.73   Delinquent child or family support; suspension of operating privilege.
767.75   Assignment of income for payment obligations.
767.76   Account transfers.
767.77   Enforcement of payment obligations.
767.78   Enforcement; contempt proceedings.
SUBCHAPTER IX
PATERNITY
767.80   Determination of paternity.
767.803   Determination of marital children.
767.805   Voluntary acknowledgment of paternity.
767.813   Summons.
767.814   Names on pleadings after paternity determined.
767.815   Enlargement of time in a paternity proceeding.
767.82   Paternity procedures.
767.83   Right to counsel.
767.84   Genetic tests in paternity actions.
767.85   Temporary orders.
767.853   Paternity hearings and records; confidentiality.
767.855   Dismissal if adjudication not in child's best interest.
767.86   Time of first appearance.
767.863   First appearance.
767.865   Deceased respondent.
767.87   Testimony and evidence relating to paternity.
767.88   Pretrial paternity proceedings.
767.883   Trial.
767.89   Paternity judgment.
767.893   Default and stipulated judgments.
767.895   Motion to reopen judgment based on statement acknowledging paternity.
Ch. 767 Note NOTE: Chapter 767 was substantially renumbered and revised by 2005 Wis. Act 443. Explanatory notes are contained in the Act.
subch. I of ch. 767 SUBCHAPTER I
DEFINITIONS, SCOPE, JURISDICTION, AND
RECOGNITION OF JUDGMENTS
767.001 767.001 Definitions. In this chapter:
767.001(1) (1)“Action affecting the family" means any of the following actions:
767.001(1)(a) (a) To affirm marriage.
767.001(1)(b) (b) Annulment.
767.001(1)(c) (c) Divorce.
767.001(1)(d) (d) Legal separation (formerly divorce from bed and board).
767.001(1)(e) (e) Custody.
767.001(1)(f) (f) For child support.
767.001(1)(g) (g) For maintenance payments.
767.001(1)(h) (h) For property division.
767.001(1)(i) (i) To enforce or modify a judgment or order in an action affecting the family granted in this state or elsewhere or an order granted under s. 48.355 (4g) (a) or 938.355 (4g) (a).
767.001(1)(j) (j) For periodic family support payments.
767.001(1)(k) (k) Concerning periods of physical placement or visitation rights to children, including an action to relocate and reside with a child under s. 767.481.
767.001(1)(L) (L) To determine paternity.
767.001(1)(m) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).
767.001(1b) (1b)“Court" includes the circuit court commissioner when the circuit court commissioner has been authorized by law to exercise the authority of the court or has been delegated that authority as authorized by law.
767.001(1d) (1d)“Department" means the department of children and families.
767.001(1f) (1f)“Divorce" means dissolution of the marriage relationship.
767.001(1g) (1g)“Electronic communication" means time during which a parent and his or her child communicate by using communication tools such as the telephone, electronic mail, instant messaging, video conferencing or other wired or wireless technologies via the Internet, or another medium of communication.
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) (2)“Legal custody" means:
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 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(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 Note NOTE: 1987 Wis. Act 355 and 2005 Wis. Act 443, contain explanatory notes.
767.001 Annotation 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).
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 Wis. 2d 221, 571 N.W.2d 186 (Ct. App. 1997), 96-3642.
767.001 Annotation Sub. (1) (i) allows all actions to modify a judgment in an action affecting marriage to be commenced in any court having jurisdiction under s. 767.01. 68 Atty. Gen. 106.
Loading...
Loading...
2017-18 Wisconsin Statutes updated through 2019 Wis. Act 50 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on December 6, 2019. Published and certified under s. 35.18. Changes effective after December 6, 2019, are designated by NOTES. (Published 12-6-19)