(1) Except as provided in s. 822.24, a court of this state may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s. 822.27.
822.26.Simultaneous proceedings.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.26 stops a Wisconsin court from hearing a new custody case, or requires it to stay and communicate, when a substantially conforming custody proceeding is already pending in another state, and gives it options -- stay, enjoin, or proceed on conditions -- when a modification case runs into a pending enforcement action elsewhere.
Full Text of Section 822.26
(2) Except as provided in s. 822.24, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties under s. 822.29. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following:
(a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement.
(b) Enjoin the parties from continuing with the proceeding for enforcement.
(c) Proceed with the modification under conditions it considers appropriate.
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 822.26 keeps Wisconsin from moving forward with a custody proceeding that would run alongside a conflicting proceeding elsewhere, subject to the emergency-jurisdiction exception in section 822.24. Subsection (1) bars a Wisconsin court from exercising jurisdiction if, when the case starts, a proceeding concerning the child’s custody is already pending in another state with jurisdiction substantially in conformity with chapter 822, unless that proceeding has ended or has been stayed because Wisconsin is a more convenient forum under section 822.27.
Subsection (2) requires the court to check for that kind of conflict before it hears the case: it must examine the court documents and information the parties supplied under section 822.29. If a substantially conforming proceeding is pending elsewhere, the Wisconsin court stays its own proceeding and communicates with the other court. If the other court does not determine that Wisconsin is the more appropriate forum, the Wisconsin court must dismiss its proceeding.
Subsection (3) addresses a different conflict, one that arises when Wisconsin is asked to modify a custody determination while a proceeding to enforce it is pending in another state. In that situation, the court has three options: stay the modification proceeding pending an order from the enforcement court, enjoin the parties from continuing the enforcement proceeding, or proceed with the modification under conditions it considers appropriate.
Frequently Asked Questions
Can Wisconsin hear a custody case if one is already pending in another state?
Generally no. Section 822.26(1) bars Wisconsin from exercising jurisdiction if a substantially conforming custody proceeding is already pending elsewhere, unless that proceeding has ended or been stayed because Wisconsin is a more convenient forum.
What must a Wisconsin court do before hearing a new custody case under this section?
Section 822.26(2) requires it to examine the information supplied under section 822.29 and check for a pending, substantially conforming proceeding in another state before hearing the case.
What happens if Wisconsin finds a conforming case pending elsewhere and that court doesn’t defer to Wisconsin?
Section 822.26(2) requires the Wisconsin court to stay its proceeding and communicate with the other court, and to dismiss its own proceeding if the other court does not determine Wisconsin is the more appropriate forum.
What can a Wisconsin court do if it’s asked to modify a custody order while an enforcement case for that order is pending elsewhere?
Section 822.26(3) gives it three options: stay the modification proceeding, enjoin the parties from continuing the enforcement proceeding, or proceed with the modification under conditions it considers appropriate.
Does section 822.26 apply when Wisconsin is exercising temporary emergency jurisdiction?
No. Subsections (1) and (2) are both expressly subject to the exception for section 822.24 emergency jurisdiction.
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 simultaneous custody proceedings other statecompeting custody case another state wisconsinwis stat 822.26staying a custody case for another state’s proceeding