767.451.Revision of legal custody and physical placement orders.
Subch. V: Child Custody, Placement, and Visitation · Last amended 2021 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.451
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. “Necessary” implies that a change of custody itself is needed because custodial conditions are harmful in some way to the best interest of the child. Millikin v. Millikin, 115 Wis. 2d 16, 339 N.W.2d 573 (1983). The revision of s. 767.24 [now s. 767.41] allowing joint custody in cases where both parties did not agree was not a “substantial change in circumstances” justifying a change to joint custody. Licary v. Licary, 168 Wis. 2d 686, 484 N.W.2d 371 (Ct. App. 1992). Sub. (1) (a) prohibits a change of custody solely to correct a mother’s unreasonable interference with physical placement of the child with the father. Sub. (1) (a) provides a two-year truce period. Judicial intervention during this period must be compelling. Andrew J.N. v. Wendy L.D., 174 Wis. 2d 745, 498 N.W.2d 235 (1993). “Necessary” embodies at least two concepts: 1) that the modification must operate to protect the child from alleged harmful custodial conditions; and 2) that the physical or emotional harm threatened by the current custodial conditions must be severe enough to warrant modification. Andrew J.N. v. Wendy L.D., 174 Wis. 2d 745, 498 N.W.2d 235 (1993). This section does not limit a court’s authority to hold a hearing or enter an order during the two-year “truce period” with the order effective on the conclusion of the truce period. Paul M.J. v. Dorene A.G., 181 Wis. 2d 304, 510 N.W.2d 775 (Ct. App. 1993). Sub. (1) (b) is inapplicable in guardianship litigation between a parent and a thirdparty guardian. Howard M. v. Jean R., 196 Wis. 2d 16, 539 N.W.2d 104 (Ct. App. 1995), 94-0955.
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, 364; 1995 a. 27 s. 9126 (19); 1999 a. 9; 2003 a. 130; 2005 a. 101; 2005 a. 443 ss. 160 to 162; Stats. 2005 s. 767.451; 2005 a. 471 ss. 6 to 8; 2007 a. 20; 2007 a. 96 ss. 143 to 146; 2021 a. 20, 37, 161.
Plain-English Summary
Children need stability, so Wisconsin makes custody orders hard to reopen. Within 2 years after the final judgment determining custody or placement, the court may not modify the listed orders except as the section allows. After the 2-year period, modification proceeds on petition, motion or order to show cause under the standard the section states.
Substantially equal placement. Where the parties have substantially equal periods of placement under a court order and circumstances make it impractical for them to continue, a different route applies — and there is a further provision for equal-placement cases the first does not cover.
Not exercising placement. The court may modify periods of placement where a parent is not using them. Placement that exists only on paper is not placement.
Denial. The court may deny a parent's physical placement rights at any time on the finding the section requires. Where a parent has been convicted of intentionally killing the child's other parent, the court shall modify the placement order — unless it determines by clear and convincing evidence that placement would be in the child's best interest.
Procedure. If either party opposes modification or termination, the court must state its reasons in writing. It considers the custody factors, with the additions this section makes, and the service-member provisions where they apply. No order may be entered until notice has been given to the child's parents. The court may require the party seeking modification to file a parenting plan, and may transfer custody to the department only if the department agrees to accept it. Every petition, motion or order to show cause must carry notification of the information available from the family court commissioner.
Frequently Asked Questions
How long before I can change a Wisconsin custody order?
Generally 2 years after the final judgment determining legal custody or physical placement, except in the limited cases this section allows.
What if we share placement equally and it stops working?
Where the parties have substantially equal periods of placement under a court order and circumstances make it impractical to continue, the section provides a separate route that is not subject to the ordinary bar.
Can placement be changed if the other parent never uses it?
Yes. The court may modify periods of physical placement for failure to exercise them, notwithstanding the ordinary restrictions.
Does the court have to explain its decision?
If either party opposes modification or termination, the court must state its reasons in writing.
Can custody be transferred to the department?
Only if the department agrees to accept custody.