767.001.Definitions.

Subch. I: Definitions, Scope, Jurisdiction, and Recognition of Judgments · Last amended 2025 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.001 defines the terms the whole chapter runs on, starting with the list of proceedings that count as an action affecting the family.

Full Text of Section 767.001

Text sizeJump to: (1b) (1d) (1f) (1fm) (1g) (1m) (1s) (2) (2m) (5) (6)

In this chapter: (1) “Action affecting the family” means any of the following actions: (a) To affirm marriage. (b) Annulment.

(c) Divorce. (d) Legal separation (formerly divorce from bed and board). (e) Custody. (f) For child support. (g) For maintenance payments. (h) For property division. (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). (j) For periodic family support payments. (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.

(L) To determine paternity.

(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).

(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.

(1d) “Department” means the department of children and families.

(1f) “Divorce” means dissolution of the marriage relationship.

(1fm) “Driving miles” means the actual distance traveling by road required to get from one location to another.

(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.

(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.

(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.

(2) “Legal custody” means:

(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.

(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).

(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.

(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.

(6) “Sole legal custody” means the condition under which one party has legal custody.

End

Official Notes

Wisconsin prints certain labelled notes with the statute — effective-date notes, cross-references, and notes of the Judicial Council. They are reproduced verbatim below. The unlabelled digest of court decisions that the Legislative Reference Bureau prints after them is annotation rather than statute, and is not reproduced.

NOTE: 1987 Wis. Act 355 and 2005 Wis. Act 443 contain explanatory notes. 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). 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. 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. Family Court or Not? Raising Child Abuse Allegations Against a Parent. Kornblum & Pollack.

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

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; 2025 a. 81.

Plain-English Summary

Almost every other section in this chapter begins “in an action affecting the family,” so this is where to find out what that means. The list is long and deliberately so: affirming a marriage, annulment, divorce, legal separation, custody, child support, maintenance, property division, enforcing or modifying an earlier judgment, periodic family support, paternity, and enforcing or revising support ordered in a juvenile proceeding.

The custody vocabulary is the part most often reached for. Legal custody is the right and responsibility to make major decisions about a child. Physical placement is where the child actually is, and it carries the right to make routine daily decisions during that time, consistent with the major decisions made by whoever has legal custody. Joint legal custody means neither party's rights are superior; sole legal custody means one party has it.

What counts as a major decision is spelled out, and the list is open: consent to marry, consent to enter military service, consent to obtain a driver's licence, authorisation for nonemergency health care, and the choice of school and religion.

Two definitions carry more weight than their length suggests. Driving miles means the actual distance by road, not a straight line — the measure the relocation rules use. And court includes a circuit court commissioner acting with the authority of the court, which is why so much of this chapter can be done without a judge.

Frequently Asked Questions

What is an action affecting the family in Wisconsin?

Any of the proceedings this section lists — affirming a marriage, annulment, divorce, legal separation, custody, child support, maintenance, property division, paternity, periodic family support, and enforcing or modifying a judgment or order in any of them.

What is the difference between legal custody and physical placement?

Legal custody is the right to make major decisions about the child. Physical placement is where the child is, and carries the right to make routine daily decisions during that time, consistent with the major decisions of whoever holds legal custody.

What counts as a major decision?

The section says the term includes, but is not limited to, consent to marry, consent to enter military service, consent to obtain a motor vehicle operator's licence, authorisation for nonemergency health care, and choice of school and religion.

How is distance measured in this chapter?

In driving miles — the actual distance by road required to get from one location to another, not a straight-line distance.

Does “court” mean a judge?

Not only. Court includes a circuit court commissioner when the commissioner has been authorised by law to exercise the court's authority or has been delegated it as authorised by law.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.001), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

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