Subch. V: Child Custody, Placement, and Visitation · Last amended 2025 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
In one sentenceSection 767.461 lets parties modify custody or placement by filing a stipulation, and lists the conditions whose completion the court considers.
If after an initial order is entered under s. 767.41 the parties agree to a modification in an order of physical placement or legal custody and file a stipulation with the court that specifies the agreed upon modification, including a modification to physical placement or legal custody upon the occurrence of a specified future event, as defined in s. 767.34 (3) (a), that is reasonably certain to occur within 2 years of the date of the stipulation, the court shall incorporate the terms of the stipulation into a revised order of physical placement or legal custody unless the court finds that the modification is not in the best interest of the child. The court may not incorporate the terms of a stipulation that is based on an anticipated behavior modification of a party, including for the completion of any of the following:
(4)A term of incarceration, extended supervision, parole, or probation for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.225 (1), (2), or (3), 940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.42, 940.43, 940.44, 940.45, 940.60, 940.61, 940.62, 940.65, 941.20, 941.29, 941.30, 941.39, 943.011 (2), 947.012, 947.013, 947.016 (1), (2), or (3), 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.072, 948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or s. 940.19, 2023 stats., s. 940.195, 2023 stats., s. 940.20, 2023 stats., s. 940.201 (2), 2023 stats., s. 940.203 (2), 2023 stats., or s. 940.204, 2023 stats., or any felony to which the penalty enhancer under s. 939.621 could be imposed, for a violation of a 72-hour no contact order under s. 968.075 (5), for a violation of a domestic abuse restraining order, child abuse restraining order, or harassment restraining order, or for a violation to which a penalty enhancer for the use of a dangerous weapon is applied.
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: 2005 Wis. Act 443 contains explanatory notes. Acceptance of a stipulation is not mandatory. The trial court is not prohibited from examining the best interests of the child. Racine Family Court Commissioner v. M.E., 165 Wis. 2d 530, 478 N.W.2d 21 (Ct. App. 1991).
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; 2005 a. 443 s. 166; Stats. 2005 s. 767.461; 2021 a. 20, 209; 2021 a. 240 s. 30; 2025 a. 24 s. 93; 2025 a. 88.
Plain-English Summary
Where the parties agree, the machinery of Section 767.451 does not have to be used. If after an initial order under the custody section the parties agree to a modification of physical placement or legal custody, they file a stipulation specifying the agreement.
The section then names things whose completion bears on the court's decision: an anger management course or therapy, a batterers intervention programme, drug or alcohol treatment or therapy, and a term of incarceration, extended supervision, parole or probation for one of the listed violent offences.
The point of that list is practical. A parent whose placement was restricted because of violence or addiction, and who has since completed what was required, has an agreed route back that does not depend on the modification bar in the previous section.
Frequently Asked Questions
Can we change a Wisconsin custody order by agreement?
Yes. If after an initial order the parties agree to a modification of physical placement or legal custody, they file a stipulation with the court specifying the agreement.
Does the 2-year bar apply to an agreed change?
Section 767.451 excepts matters under this section from its provisions, so an agreed modification runs on this section's own terms.
What does the court take into account?
The section names completion of an anger management course or therapy, a batterers intervention programme, drug or alcohol treatment or therapy, and a term of incarceration, extended supervision, parole or probation for the listed offences.
Source & verification. The statutory text, official notes and history are reproduced verbatim from the
Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.461), 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:agreed custody change Wisconsinstipulation modify placementbatterers intervention custody767.461 stipulation