767.21
767.21
Full faith and credit; comity. 767.21(1)
(1)
Actions in courts of other states. 767.21(1)(a)(a) Full faith and credit shall be given in all courts of this state to a judgment in any action affecting the family, except an action relating to child custody, by a court of competent jurisdiction in another state, territory or possession of the United States, when both spouses personally appear or when the respondent has been personally served. Full faith and credit shall also be given in all courts of this state to the amount of arrearages owed for nonpayment or late payment of a child support, family support or maintenance payment under an order issued by a court of competent jurisdiction in another state, territory or possession of the United States. A court in this state may not adjust the amount of arrearages owed except as provided in
s. 767.32 (1m).
767.21(1)(b)
(b) Full faith and credit shall be given in all courts of this state to a determination of paternity made by any other state, whether established through voluntary acknowledgment or an administrative or judicial process.
767.21(2)
(2) Actions in courts of foreign countries. Any court of this state may recognize a judgment in any action affecting the family involving Wisconsin domiciliaries, except an action relating to child custody, by a court of competent jurisdiction in a foreign country, in accordance with the principles of international comity.
767.21(3)
(3) Child custody actions. All matters relating to the effect of the judgment of another court concerning child custody shall be governed by
ch. 822.
767.21 History
History: 1977 c. 105;
1979 c. 32 s.
50;
1979 c. 352 s.
39; Stats. 1979 s. 767.21;
1989 a. 212;
1993 a. 481.
767.21 Annotation
Full faith and credit is not applicable when a decree or judgment is obtained in a jurisdiction outside of the U.S. Estate of Steffke,
65 Wis. 2d 199,
222 N.W.2d 628.
767.21 Annotation
A Wisconsin court has equitable jurisdiction to decide issues of maintenance and property division when an out-of-state divorce judgment fails to address those issues. Haeuser v. Haeuser,
200 Wis. 2d 750,
548 N.W.2d 750 (Ct. App. 1996).
767.22
767.22
Uniform divorce recognition act. 767.22(1)
(1) A divorce obtained in another jurisdiction shall be of no force or effect in this state, if the court in such other jurisdiction lacks subject matter jurisdiction to hear the case because both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced.
767.22(2)
(2) Proof that a person obtaining a divorce in another jurisdiction was (a) domiciled in this state within 12 months prior to the commencement of the proceeding therefor, and resumed residence in this state within 18 months after the date of the person's departure therefrom, or (b) at all times after the person's departure from this state, and until the person's return maintained a place of residence within this state, shall be prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced.
767.22(3)
(3) This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
767.22(4)
(4) This section may be cited as the Uniform Divorce Recognition Act.
767.22 History
History: 1977 c. 105;
1979 c. 32 s.
50; Stats. 1979 s. 767.22;
1993 a. 486.
767.22 Annotation
Comity cannot be accorded a Mexican decree if no domicile existed in that foreign jurisdiction. Estate of Steffke,
65 Wis. 2d 199,
222 N.W.2d 628 (1974).
767.23
767.23
Temporary orders for support of spouse and children; suit money; attorney fees. 767.23(1)
(1) Except as provided in
ch. 822, in every action affecting the family, the court or circuit court commissioner may, during the pendency thereof, make just and reasonable temporary orders concerning the following matters:
767.23(1)(a)
(a) Upon request of one party, granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under
s. 767.24 (3), in a manner consistent with
s. 767.24, except that the court or circuit court commissioner may order sole legal custody without the agreement of the other party and without the findings required under
s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody determination.
767.23(1)(am)
(am) Upon the request of a party, granting periods of physical placement to a party in a manner consistent with
s. 767.24. The court or circuit court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.
767.23(1)(c)
(c) Subject to
s. 767.477, requiring either party or both parties to make payments for the support of minor children, which payment amounts must be expressed as a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payer's income and the requirements under
s. 767.10 (2) (am) 1. to
3. are satisfied.
767.23(1)(d)
(d) Requiring either party to pay for the maintenance of the other party. This maintenance may include the expenses and attorney fees incurred by the other party in bringing or responding to the action affecting the family.
767.23(1)(f)
(f) Requiring either party to execute an assignment of income under
s. 767.265 or an authorization for transfer under
s. 767.267.
767.23(1)(g)
(g) Requiring either party or both parties to pay debts or perform other actions in relation to the persons or property of the parties.
767.23(1)(i)
(i) Requiring counseling of either party or both parties.
767.23(1)(k)
(k) Subject to
s. 767.477, requiring either party or both parties to maintain minor children as beneficiaries on a health insurance policy or plan.
767.23(1)(L)
(L) Requiring either party or both parties to execute an assignment of income for payment of health care expenses of minor children.
767.23(1m)
(1m) If a circuit court commissioner believes that a temporary restraining order or injunction under
s. 813.12 is appropriate in an action, the circuit court commissioner shall inform the parties of their right to seek the order or injunction and the procedure to follow. On a motion for such a restraining order or injunction, the circuit court commissioner shall submit the motion to the court within 5 working days.
767.23(1n)
(1n) Before making any temporary order under
sub. (1), the court or circuit court commissioner shall consider those factors that the court is required by this chapter to consider before entering a final judgment on the same subject matter. In making a determination under
sub. (1) (a) or
(am), the court or circuit court commissioner shall consider the factors under
s. 767.24 (5). If the court or circuit court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under
s. 49.22 (9), the court or circuit court commissioner shall comply with the requirements of
s. 767.25 (1n). A temporary order under
sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or circuit court commissioner. Temporary orders made by a circuit court commissioner may be reviewed by the court.
767.23(2)
(2) Notice of motion for an order or order to show cause under
sub. (1) may be served at the time the action is commenced or at any time thereafter and shall be accompanied by an affidavit stating the basis for the request for relief.
767.23(3)(a)(a) Upon making any order for dismissal of an action affecting the family or for substitution of attorneys in an action affecting the family or for vacation of a judgment theretofore granted in any such action, the court shall prior to or in its order render and grant separate judgment in favor of any attorney who has appeared for a party to the action and in favor of any guardian ad litem for a party or a child for the amount of fees and disbursements to which the attorney or guardian ad litem is, in the court's judgment, entitled and against the party responsible therefor.
767.23(3)(b)
(b) Upon making any order for dismissal of an action affecting the family or for vacation of a judgment granted in any such order, the court shall, prior to or in its order of dismissal or vacation, also preserve the right of the state or a political subdivision of the state to collect any arrearages, by an action under this chapter or under
ch. 785, owed to the state if either party in the case was a recipient of aid under
ch. 49.
767.23 History
History: 1971 c. 149;
1971 c. 211 s.
126;
1971 c. 220,
307;
1975 c. 283; Sup. Ct. Order, 73 Wis. 2d xxxi (1976);
1977 c. 105;
1979 c. 32 ss.
50,
92 (4);
1979 c. 111,
196;
1979 c. 352 s.
39; Stats. 1979 s. 767.23;
1983 a. 27;
1983 a. 204 s.
22;
1983 a. 447;
1985 a. 29 s.
3202 (9);
1987 a. 355,
364,
413;
1989 a. 212;
1991 a. 39;
1993 a. 78,
481,
490;
1995 a. 27 ss.
7100h,
9126 (19);
1995 a. 70,
404;
1999 a. 9;
2001 a. 16,
61.
767.23 Cross-reference
Cross Reference: See also ch.
DWD 40, Wis. adm. code.
767.23 Annotation
Sub. (3) (a) is strictly construed to apply to those situations expressly set forth in the statute, such as orders for dismissal, substitution of attorneys and vacation of judgments, in actions affecting families. In other cases, an action to recover legal fees may be instituted. Kotecki & Radtke, S.C. v. Johnson,
192 Wis. 2d 429,
531 N.W.2d 606 (Ct. App. 1995).
767.23 Annotation
The federal tax consequences of divorce. Meldman, Ryan, 57 MLR 229.
767.24
767.24
Custody and physical placement. 767.24(1)
(1)
General provisions. In rendering a judgment of annulment, divorce, legal separation or paternity, or in rendering a judgment in an action under
s. 767.02 (1) (e) or
767.62 (3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.
767.24(1m)
(1m) Parenting plan. In an action for annulment, divorce or legal separation, an action to determine paternity or an action under
s. 767.02 (1) (e) or
767.62 (3) in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court before any pretrial conference. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:
767.24(1m)(a)
(a) What legal custody or physical placement the parent is seeking.
767.24(1m)(b)
(b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under
s. 940.19 or
940.20 (1m), or domestic abuse, as defined in
s. 813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.
767.24(1m)(c)
(c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under
s. 940.19 or
940.20 (1m), or domestic abuse, as defined in
s. 813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.
767.24(1m)(d)
(d) Who will provide any necessary child care when the parent cannot and who will pay for the child care.
767.24(1m)(f)
(f) What doctor or health care facility will provide medical care for the child.
767.24(1m)(h)
(h) What the child's religious commitment will be, if any.
767.24(1m)(i)
(i) Who will make decisions about the child's education, medical care, choice of child care providers and extracurricular activities.
767.24(1m)(L)
(L) Whether and how the child will be able to contact the other parent when the child has physical placement with the parent providing the parenting plan.
767.24(1m)(m)
(m) How the parent proposes to resolve disagreements related to matters over which the court orders joint decision making.
767.24(1m)(n)
(n) What child support, family support, maintenance or other income transfer there will be.
767.24(1m)(o)
(o) If there is evidence that either party engaged in interspousal battery, as described under
s. 940.19 or
940.20 (1m), or domestic abuse, as defined in
s. 813.12 (1) (am), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.
767.24(2)
(2) Custody to party; joint or sole. 767.24(2)(a)(a) Subject to
pars. (am),
(b) and
(c), based on the best interest of the child and after considering the factors under
sub. (5), the court may give joint legal custody or sole legal custody of a minor child.
767.24(2)(am)
(am) The court shall presume that joint legal custody is in the best interest of the child.
767.24(2)(b)
(b) The court may give sole legal custody only if it finds that doing so is in the child's best interest and that either of the following applies:
767.24(2)(b)1.
1. Both parties agree to sole legal custody with the same party.
767.24(2)(b)2.
2. The parties do not agree to sole legal custody with the same party, but at least one party requests sole legal custody and the court specifically finds any of the following:
767.24(2)(b)2.a.
a. One party is not capable of performing parental duties and responsibilities or does not wish to have an active role in raising the child.
767.24(2)(b)2.b.
b. One or more conditions exist at that time that would substantially interfere with the exercise of joint legal custody.
767.24(2)(b)2.c.
c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in
s. 813.122 (1) (a), of the child, as defined in
s. 48.02 (2), or evidence of interspousal battery, as described under
s. 940.19 or
940.20 (1m), or domestic abuse, as defined in
s. 813.12 (1) (am), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required.
767.24(2)(c)
(c) The court may not give sole legal custody to a parent who refuses to cooperate with the other parent if the court finds that the refusal to cooperate is unreasonable.
767.24(3)(a)(a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in
s. 48.02 (15), to a county department, as defined under
s. 48.02 (2g), or to a licensed child welfare agency. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under
s. 48.415.
767.24(3)(b)
(b) If the legal custodian appointed under
par. (a) is an agency, the agency shall report to the court on the status of the child at least once each year until the child reaches 18 years of age, is returned to the custody of a parent or is placed under the guardianship of an agency. The agency shall file an annual report no less than 30 days before the anniversary of the date of the order. An agency may file an additional report at any time if it determines that more frequent reporting is appropriate. A report shall summarize the child's permanency plan and the recommendations of the review panel under
s. 48.38 (5), if any.
767.24(3)(c)
(c) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under
par. (b). At least 10 days before the date of the hearing, the court shall provide notice of the time, date and purpose of the hearing to the agency that prepared the report, the child's parents, the child, if he or she is 12 years of age or over, and the child's foster parent, treatment foster parent or the operator of the facility in which the child is living.
767.24(3)(d)
(d) Following the hearing, the court shall make all of the determinations specified under
s. 48.38 (5) (c) and, if it determines that an alternative placement is in the child's best interest, may amend the order to transfer legal custody of the child to another relative, other than a parent, or to another agency specified under
par. (a).
767.24(3)(e)
(e) The charges for care furnished to a child whose custody is transferred under this subsection shall be pursuant to the procedure under
s. 48.36 (1) or
938.36 (1) except as provided in
s. 767.29 (3).
767.24(4)
(4) Allocation of physical placement. 767.24(4)(a)1.1. Except as provided under
par. (b), if the court orders sole or joint legal custody under
sub. (2), the court shall allocate periods of physical placement between the parties in accordance with this subsection.
767.24(4)(a)2.
2. In determining the allocation of periods of physical placement, the court shall consider each case on the basis of the factors in
sub. (5). The court shall set a placement schedule that allows the child to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes the amount of time the child may spend with each parent, taking into account geographic separation and accommodations for different households.
767.24(4)(b)
(b) A child is entitled to periods of physical placement with both parents unless, after a hearing, the court finds that physical placement with a parent would endanger the child's physical, mental or emotional health.
767.24(4)(c)
(c) No court may deny periods of physical placement for failure to meet, or grant periods of physical placement for meeting, any financial obligation to the child or, if the parties were married, to the former spouse.
767.24(4)(cm)
(cm) If a court denies periods of physical placement under this section, the court shall give the parent that was denied periods of physical placement the warning provided under
s. 48.356.
767.24(4)(d)
(d) If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody and physical placement rights to provide the notice required under
s. 767.327 (1).
767.24(5)
(5) Factors in custody and physical placement determinations. In determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. The court shall consider the following factors in making its determination:
767.24(5)(a)
(a) The wishes of the child's parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial.
767.24(5)(b)
(b) The wishes of the child, which may be communicated by the child or through the child's guardian ad litem or other appropriate professional.
767.24(5)(c)
(c) The interaction and interrelationship of the child with his or her parent or parents, siblings, and any other person who may significantly affect the child's best interest.
767.24(5)(cm)
(cm) The amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents' custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future.
