Subch. III: General Procedure · Last amended 2025 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
In one sentenceSection 767.225 lets the court make temporary orders while the case runs — custody, placement, electronic communication, support, maintenance, debts and asset freezes — and requires placement decisions within 30 days.
(1)TEMPORARY ORDERS. Except as provided in ch. 822, in an action affecting the family the court may, during the pendency of the action, make just and reasonable temporary orders concerning the following matters:
(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. 767.41 (3), in a manner consistent with s. 767.41, except that the court may order sole legal custody without the agreement of the other party and without the findings required under s. 767.41 (2) (b) 2. An order under this paragraph is not binding on a final custody determination.
(am)Upon the request of a party, granting periods of physical placement to a party in a manner consistent with s. 767.41. The court shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed. If the court grants physical placement to one parent for less than 25 percent of the time, as determined under s. 49.22 (9), the court shall enter specific findings of fact as to the reasons that a greater allocation of physical placement with that parent is not in the best interests of the child.
(ap)Upon the request of a party, granting periods of electronic communication to a party in a manner consistent with s. 767.41. 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 electronic communication is filed.
(b)Notwithstanding ss. 767.117 (1) (c) and 767.215 (2) (j), prohibiting the removal of minor children from the jurisdiction of the court.
(bm)Allowing a party to relocate and reside with a child pending a final hearing under s. 767.481 (3).
(c)Subject to s. 767.85, 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. 767.34 (2) (am) 1. to 3. are satisfied.
(d)Requiring either party to pay for the maintenance of the other party. Maintenance under this paragraph may include the expenses and attorney fees incurred by the other party in bringing or responding to the action affecting the family.
(f)Requiring either party to execute an assignment of income under s. 767.75 or an authorization for transfer under s. 767.76.
(g)Requiring either party or both parties to pay debts or perform other actions in relation to the persons or property of the parties.
(h)Notwithstanding ss. 767.117 (1) (b) and 767.215 (2) (i), prohibiting either party from disposing of assets within the jurisdiction of the court.
(i)Requiring counseling of either party or both parties.
(k)Subject to s. 767.85, requiring either party or both parties to maintain minor children as beneficiaries on a health insurance policy or plan.
(L)Requiring either party or both parties to execute an assignment of income for payment of health care expenses of minor children.
(1n)CONSIDERATIONS; STIPULATIONS; REVIEW. (a) Before making a temporary order under sub. (1), the court 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 shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm).
(b)1. If the court 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 shall comply with the requirements of s. 767.511 (1n). 2. If the court finds by a preponderance of the evidence that a party has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.60 or 940.61 (1) or s. 940.19, 2023 stats., or s. 940.20 (1m), 2023 stats., or domestic abuse, as defined in s. 813.12 (1) (am), and makes a temporary order awarding joint or sole legal custody or periods of physical placement to the party, the court shall comply with the requirements of s. 767.41 (6) (f) and, if appropriate, s. 767.41 (6) (g). 3. If the court or circuit court commissioner requires one party to cover the child under a health insurance policy or plan under sub. (1) (k), the court or circuit court commissioner shall order the party to provide to the other party a health insurance identification card for the child. Section 767.513 (2m) (b) and (c) applies to a failure to comply with a temporary order under this subdivision.
(c)A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court. Temporary orders made by a circuit court commissioner may be reviewed by the court.
(2)NOTICE OF MOTION FOR ORDER. 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 after commencement and shall be accompanied by an affidavit stating the basis for the request for relief.
(3m)AVAILABILITY OF DOMESTIC ABUSE RESTRAINING ORDER. 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.
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.
Cross-reference: See also ch. DCF 150, Wis. adm. code.
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: 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; 2003 a. 130, 326; 2005 a. 174, 342; 2005 a. 443 ss. 86 to 91; Stats. 2005 s. 767.225; 2007 a. 96; 2017 a. 203; 2021 a. 35, 37; 2025 a. 24 s. 93.
Plain-English Summary
A family case takes months; the family cannot wait. This section is the source of almost every order made in the meantime, and it is drafted as a list of what the court may do — just and reasonable temporary orders on request.
Children. Legal custody may be granted jointly, to one party solely, or to a relative or agency, consistently with the custody section — and notably the court may order sole legal custody temporarily without the other party's agreement and without the findings the final custody section would require. Periods of physical placement and of electronic communication may each be granted on request, and the court must decide each within 30 days after the request is filed. The court may prohibit removing the children from its jurisdiction, or allow a party to relocate and reside with a child pending a final relocation hearing.
Money. Either or both parties may be required to pay child support — expressed as a fixed sum unless the parties have stipulated to a percentage of income and the statutory conditions are met — and to pay maintenance, which here may include the other party's expenses and attorney fees in bringing or responding to the action. The court may order an assignment of income, require payment of debts, freeze the disposal of assets, require counselling, and require the children to be kept on a health insurance plan.
Before making any of these, the court must consider the same factors it would have to consider before a final judgment on the same subject. A temporary support order that departs from the percentage standard must comply with the deviation requirements. Temporary orders may rest on the parties' written stipulation, subject to the court's approval, and a commissioner's temporary order may be reviewed by the court.
One provision looks outward. If a circuit court commissioner believes a domestic abuse restraining order or injunction would be appropriate, the commissioner must tell the parties of their right to seek it and the procedure to follow.
Frequently Asked Questions
How quickly must a Wisconsin court decide temporary placement?
Within 30 days after the request for a temporary order regarding periods of physical placement is filed. The same 30-day limit applies to a request about electronic communication.
Can I get temporary sole custody without the other parent agreeing?
Temporarily, yes. This section lets the court order sole legal custody without the other party's agreement and without the findings the final custody section would otherwise require.
Can temporary maintenance cover my legal fees?
It can. Maintenance ordered under this section may include the expenses and attorney fees the other party incurred in bringing or responding to the action.
Can we agree our own temporary order?
Yes. A temporary order may be based on the parties' written stipulation, subject to the approval of the court.
What if I need a restraining order?
If a circuit court commissioner believes a temporary restraining order or injunction would be appropriate, the commissioner must inform the parties of their right to seek it and of the procedure to follow.
Source & verification. The statutory text, official notes and history are reproduced verbatim from the
Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.225), 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
Also known as:Wisconsin temporary orders divorcetemporary custody 30 days Wisconsintemporary maintenance attorney feestemporary placement order767.225 pendency