CHAPTER 822
UNIFORM CHILD CUSTODY JURISDICTION ACT
822.01 Purposes; construction of provisions.
822.015 Custody of Indian children.
822.04 Notice and opportunity to be heard.
822.05 Notice to persons outside this state; submission to jurisdiction.
822.06 Simultaneous proceedings in other states.
822.07 Inconvenient forum.
822.08 Jurisdiction declined by reason of conduct.
822.09 Information under oath to be submitted to the court.
822.10 Additional parties.
822.11 Appearance of parties and the child.
822.12 Binding force and res judicata effect of custody decree.
822.13 Recognition of out-of-state custody decrees.
822.14 Modification of custody decree of another state.
822.15 Filing and enforcement of custody decree of another state.
822.16 Registry of out-of-state custody decrees and proceedings.
822.17 Certified copies of custody decree.
822.18 Taking testimony in another state.
822.19 Hearings and studies in another state; orders to appear.
822.20 Assistance to courts of other states.
822.21 Preservation of documents for use in other states.
822.22 Request for court records of another state.
822.23 International application.
822.01
822.01
Purposes; construction of provisions. 822.01(1)
(1) The general purposes of this chapter are to:
822.01(1)(a)
(a) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being;
822.01(1)(b)
(b) Promote cooperation with the courts of other states to the end that a custody decree is rendered in that state which can best decide the case in the interest of the child;
822.01(1)(c)
(c) Assure that litigation concerning the custody of a child takes place ordinarily in the state with which the child and family have the closest connection and where significant evidence concerning the child's care, protection, training, and personal relationships is most readily available, and that courts of this state decline the exercise of jurisdiction when the child and family have a closer connection with another state;
822.01(1)(d)
(d) Discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child;
822.01(1)(e)
(e) Deter abductions and other unilateral removals of children undertaken to obtain custody awards;
822.01(1)(f)
(f) Avoid relitigation of custody decisions of other states in this state insofar as feasible;
822.01(1)(g)
(g) Facilitate the enforcement of custody decrees of other states;
822.01(1)(h)
(h) Promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child; and
822.01(1)(i)
(i) Make uniform the law of those states which enact it.
822.01(2)
(2) This chapter shall be construed to promote the general purposes stated in this section.
822.01 History
History: 1975 c. 283,
421;
1979 c. 89.
822.01 Annotation
Wisconsin and the uniform child custody jurisdiction act. In whose hand Solomon's sword. 61 MLR 79.
822.015
822.015
Custody of Indian children. The Indian child welfare act,
25 USC 1911 to
1963, supersedes the provisions of this chapter in any child custody proceeding governed by that act.
822.015 History
History: 1981 c. 81.
822.02
822.02
Definitions. As used in this chapter:
822.02(1)
(1) "Contestant" means a person, including a parent, who claims a right to legal custody, physical placement or visitation with respect to a child.
822.02(2)
(2) "Custody determination" means a court decision and court orders and instructions providing for legal custody, physical placement or visitation rights. It does not include a decision relating to child support or any other monetary obligation of any person.
822.02(3)
(3) "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for divorce or separation, and includes child neglect and dependency proceedings.
822.02(4)
(4) "Decree" or "custody decree" means a custody determination contained in a judicial decree or order made in a custody proceeding, and includes an initial decree and a modification decree.
822.02(5)
(5) "Home state" means the state in which the child immediately preceding the time involved lived with the child's parents, a parent, or a person acting as parent, for at least 6 consecutive months, and in the case of a child less than 6 months old the state in which the child lived from birth with any of the persons mentioned. Periods of temporary absence of any of the named persons are counted as part of the 6-month or other period.
822.02(6)
(6) "Initial decree" means the first custody decree concerning a particular child.
822.02(7)
(7) "Modification decree" means a custody decree which modifies or replaces a prior decree, whether made by the court which rendered the prior decree or by another court.
822.02(8)
(8) "Person acting as parent" means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody.
822.02(9)
(9) "Physical custody" means actual possession and control of a child.
822.02(10)
(10) "State" means any state, territory, or possession of the United States, the commonwealth of Puerto Rico, and the District of Columbia.
