(1) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of s. 822.08 shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
822.25.Notice; opportunity to be heard; joinder.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.25 requires notice and a chance to be heard, under the same standards as section 822.08, before a court makes a custody determination, leaves the enforceability of an order made without that notice to other law, and applies ordinary Wisconsin law to joining and intervening parties.
Full Text of Section 822.25
(2) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
Plain-English Summary
Section 822.25 sets the notice baseline for every custody determination made under chapter 822. Subsection (1) requires notice and an opportunity to be heard, given in accordance with section 822.08’s standards, to everyone entitled to notice under Wisconsin law as if the case were between Wisconsin residents, to any parent whose parental rights have not already been terminated, and to anyone with physical custody of the child.
Subsection (2) does not itself resolve what happens if that notice was missing. It states that chapter 822 does not govern the enforceability of a determination made without notice or an opportunity to be heard, leaving that question to other law rather than answering it within this chapter.
Subsection (3) hands the obligation to join a party, and the right to intervene as a party, over to ordinary Wisconsin law governing custody proceedings between residents. Chapter 822 does not create a separate joinder or intervention regime; it borrows the one that would apply in any other Wisconsin custody case.
Frequently Asked Questions
Who must be given notice before a Wisconsin court makes a custody determination?
Section 822.25(1) requires notice to everyone entitled to it under Wisconsin law as if the case were between Wisconsin residents, to any parent whose parental rights have not been terminated, and to anyone with physical custody of the child.
What standard does the notice have to meet under section 822.25?
It must meet the standards set out in section 822.08, which governs how notice is given to a person, including one located outside Wisconsin.
Does chapter 822 say whether an order made without proper notice can be enforced?
No. Section 822.25(2) states that chapter 822 does not govern the enforceability of a determination made without notice or an opportunity to be heard, leaving that question outside the chapter.
Can someone else join or intervene in a custody proceeding under chapter 822?
Yes. Section 822.25(3) governs joinder and intervention by the same law that applies to custody proceedings between Wisconsin residents.
Does a parent whose parental rights have already been terminated still get notice under this section?
Section 822.25(1) specifically requires notice for any parent whose parental rights have not been previously terminated, which indicates a parent whose rights were already terminated falls outside that requirement.
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
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