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 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 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).
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
The trial court has broad authority to enforce its family court judgments and may employ any remedy customarily available to courts of equity. It was appropriate to direct the defendant to the pay the plaintiff's medical expenses when the defendant had not converted n insurance policy as ordered under a divorce decree. Rotter v. Rotter,
80 Wis. 2d 56,
257 N.W.2d 861 (1977).
767.01 Annotation
When a husband complied with the original court order to make property division installment payments, the court had no authority to order the husband to pay the wife's income tax on installments. Wright v. Wright,
92 Wis. 2d 246,
284 N.W.2d 894 (1979).
767.01 Annotation
When 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).
767.01 Annotation
The 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).
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 Wis. 2d 390,
515 N.W.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. Paternity of C.A.S. & C.D.S.
185 Wis. 2d 468,
518 N.W.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 Wis. 2d 337,
565 N.W.2d 240 (Ct. App. 1997).
767.01 Annotation
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).
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.
767.02
767.02
Actions affecting the family. 767.02(1)
(1) Actions affecting the family are:
767.02(1)(d)
(d) Legal separation (formerly divorce from bed and board).
767.02(1)(i)
(i) To enforce or modify a judgment or order in an action affecting the family granted in this state or elsewhere.
767.02(1)(k)
(k) 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).
767.02(2)
(2) "Divorce" means divorce from the bonds of matrimony or absolute divorce, when used in this chapter.
767.02 Annotation
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. Stasey v. Stasey,
168 Wis. 2d 37,
483 N.W.2d 221 (1992).
767.02 Annotation
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).
767.02 Annotation
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).
767.02 Annotation
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.
767.02 Annotation
Post-divorce judgment venue in multicounty situations. Whipple. WBB Oct. 1987.
767.02 Annotation
The 1977 amendments to the Wisconsin Family Code. Perkins, 1978 WLR 882.
767.025
767.025
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):
767.025(1)
(1) 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.
767.025(2)(a)(a) 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:
767.025(2)(a)1.
1. 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.
767.025(2)(a)2.
2. 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.
767.025(2)(b)
(b) 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.
767.025(2)(c)
(c) 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.
767.025(4)
(4) 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, regardless of whether it 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 that payments of support or maintenance, and payments of arrearages in support or maintenance, if any, are payable to the department or its designee, whichever is appropriate.
767.025 Annotation
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 Wis. 2d 416,
518 N.W.2d 254 (Ct. App. 1994).
767.027
767.027
Notice and service of process requirements. 767.027(1)(1) In any action under
s. 767.02 (1) (i) to enforce a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied to the extent that the court finds all of the following:
767.027(1)(a)
(a) That a diligent effort was made to ascertain the location of the respondent.
767.027(1)(b)
(b) That written notice of the action to the respondent has been delivered to the most recent residential address or employer address provided by the respondent under
s. 767.263 (2) to the county child support agency under
s. 59.53 (5).
767.027(2)
(2) The department shall promulgate rules that specify the process that the department will use under
sub. (1) (a) to ascertain the location of the respondent. Notwithstanding
sub. (1) (b), the process specified in the rules shall utilize all reasonable means to which the department has access, including electronic means, interfaces with other programs and information provided by the postmaster, for determining the current address of the respondent.
767.027 History
History: 1997 a. 191.
767.027 Cross-reference
Cross Reference: See also ch.
DWD 42, Wis. adm. code.
767.03
767.03
Annulment. 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:
767.03(1)
(1) 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.
767.03(2)
(2) 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.
767.03(3)
(3) 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.
767.03(4)
(4) 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.
767.03 History
History: 1977 c. 105;
1979 c. 32 ss.
50,
92 (2); Stats. 1979 s. 767.03.
767.03 Annotation
A remarriage, although unlawful in Wisconsin and dissolved through an annulment, is sufficient to terminate maintenance under s. 767.32 (3). The requirement that maintenance be terminated following remarriage is unconditional. Falk v. Falk,
158 Wis. 2d 184,
462 N.W.2d 547 (Ct. App. 1990).
767.03 Annotation
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 Wis. 2d 709,
541 N.W.2d 190 (Ct. App. 1995).
767.04
767.04
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.
767.04 History
History: 1979 c. 32 s.
50; Stats. 1979 s. 767.04.
767.045
767.045
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:
767.045(1)(a)1.
1. The court has reason for special concern as to the welfare of a minor child.
767.045(1)(a)2.
2. Except as provided in
par. (am), the legal custody or physical placement of the child is contested.
767.045(1)(am)
(am) The court is not required to appoint a guardian ad litem under
par. (a) 2. if all of the following apply:
767.045(1)(am)1.
1. Legal custody or physical placement is contested in an action to modify legal custody or physical placement under
s. 767.325 or
767.327.
767.045(1)(am)2.
2. The modification sought would not substantially alter the amount of time that a parent may spend with his or her child.
767.045(1)(am)3.a.
a. That the appointment of a guardian ad litem will not assist the court in the determination regarding legal custody or physical placement because the facts or circumstances of the case make the likely determination clear.
767.045(1)(am)3.b.
b. That a party seeks the appointment of a guardian ad litem solely for a tactical purpose, or for the sole purpose of delay, and not for a purpose that is in the best interest of the child.
767.045(1)(b)
(b) The court may appoint a guardian ad litem for a minor child in any action affecting the family if the child's legal custody or physical placement is stipulated to be with any person or agency other than a parent of the child or, if at the time of the action, the child is in the legal custody of, or physically placed with, any person or agency other than the child's parent by prior order or by stipulation in this or any other action.
767.045(1)(c)
(c) The attorney responsible for support enforcement under
s. 59.53 (6) (a) may request that the court or a circuit court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been acknowledged under
s. 767.62 (1) or a substantially similar law of another state or adjudicated for the purpose of determining the paternity of the child, and the court or circuit court commissioner shall appoint a guardian ad litem, if any of the following applies:
