Chapter 767

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.

767.804   Genetic test results.

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: This chapter 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 History History: 1987 a. 355; 1995 a. 100, 279, 404; 1997 a. 3, 27, 35; 2005 a. 174; 2005 a. 443 ss. 7, 8, 15, 16; 2007 a. 20; 2015 a. 373; 2017 a. 203.

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, 502 N.W.2d 143 (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.

767.001 Annotation Family Court or Not? Raising Child Abuse Allegations Against a Parent. Kornblum & Pollack. Wis. Law. Mar. 2020.

767.005 767.005 Scope. This chapter applies to actions affecting the family.

767.005 History History: 2005 a. 443.

767.005 Note NOTE: 2005 Wis. Act 443 contains explanatory notes.

767.01 767.01 Jurisdiction.

767.01(1) (1) Generally. The circuit courts have jurisdiction of all actions affecting the family and have authority to do all acts and things necessary and proper in those actions and to carry their orders and judgments into execution as prescribed in this chapter. Except as provided in subs. (2) and (2m), jurisdiction may be exercised as provided under ch. 801.

767.01(2) (2) Paternity and child support. 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 (1m) or 801.05.

767.01(2m) (2m) Child custody. All proceedings relating to the custody of children shall comply with the requirements of ch. 822.

767.01 History History: 1975 c. 39; 1977 c. 449; 1979 c. 32 s. 50; 1979 c. 196, 352; Stats. 1979 s. 767.01; 1987 a. 27; 1993 a. 326; 2005 a. 443 ss. 10 to 13; 2009 a. 321; 2015 a. 82 s. 12.

767.01 Note NOTE: 2005 Wis. Act 443 contains explanatory notes.