(1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
822.08.Notice to persons outside state.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.08 lets a Wisconsin court give notice to a person outside the state under either Wisconsin’s or that other state’s service rules, requires the method to be reasonably calculated to give actual notice with publication as a last resort, and excuses notice altogether for anyone who submits to the court’s jurisdiction.
Full Text of Section 822.08
(2) Proof of service may be made in the manner prescribed by law of this state or by the law of the state in which the service is made.
(3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Official Notes
NOTE: The above annotation cites to the Uniform Child Custody Jurisdiction Act, the predecessor statute to the current Uniform Child Custody Jurisdiction and Enforcement Act.
Plain-English Summary
Section 822.08 sets the standard for notifying someone who is outside Wisconsin when notice is required to exercise jurisdiction under chapter 822. Subsection (1) allows the notice to be given in the manner Wisconsin law prescribes for service of process, or in the manner the law of the state where service is made prescribes. Whichever method is used, it must be reasonably calculated to give actual notice, and publication may be used only if other means are not effective.
Subsection (2) applies the same flexibility to proof of service, allowing it under either Wisconsin law or the law of the state where service occurred.
Subsection (3) removes the notice requirement entirely for a person who submits to the court’s jurisdiction. That person does not need to be separately notified because voluntary submission accomplishes the same purpose notice is meant to serve. An official note attached to this section flags that some annotated case law cited under it comes from the predecessor Uniform Child Custody Jurisdiction Act rather than the current version of the uniform law.
Frequently Asked Questions
How can a Wisconsin court give notice to someone who lives in another state?
Section 822.08(1) allows notice to be given in the manner Wisconsin law prescribes for service of process, or in the manner the law of the state where service is made prescribes, so long as the method is reasonably calculated to give actual notice.
Can notice be given by publication in a chapter 822 case?
Yes, but only if other means are not effective. Section 822.08(1) allows publication as an option when the standard is not otherwise achievable through more direct means.
Whose service-of-process law governs proof that notice was given?
Either Wisconsin’s law or the law of the state where service was made. Section 822.08(2) allows proof of service under either.
Does a person who voluntarily appears in the case still need to be formally noticed?
No. Section 822.08(3) says notice is not required for the exercise of jurisdiction over a person who submits to the court’s jurisdiction.
What standard must the method of notice satisfy under this section?
It must be given in a manner reasonably calculated to give actual notice, the standard section 822.08(1) sets for any method used.
Amendment History
History: 2005 a. 130.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin custody notice out of state partyservice of process child custody wisconsin uccjeawis stat 822.08notice by publication child custody wisconsin