822.35.Registration of child custody determination.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.35 lets someone register an out-of-state custody determination with a Wisconsin circuit court by filing the required documents, requires the court to file it and notify affected people of their 20-day window to contest it, and confirms the registration -- making it fully enforceable and unchallengeable on any ground that could have been raised -- if no timely contest is filed or if the contest fails.
(1)A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the office of the clerk of any circuit court in this state all of the following:
(a)A letter or other document requesting registration.
(b)Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the determination has not been modified.
(c)Except as provided in s. 822.29, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody, physical placement, or visitation in the child custody determination sought to be registered.
(2)On receipt of the documents required by sub. (1), the registering court shall do all of the following:
(a)Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.
(b)Serve notice upon the persons named under sub. (1) (c) and provide them with an opportunity to contest the registration in accordance with this section.
(3)The notice required by sub. (2) (b) shall state all of the following:
(a)That a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state.
(b)That a hearing to contest the validity of the registered determination shall be requested within 20 days after service of the notice.
(c)That failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(4)A person seeking to contest the validity of a registered determination shall request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered determination unless the person contesting registration establishes any of the following:
(a)The issuing court did not have jurisdiction under subch. II.
(b)The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under subch. II.
(c)The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of s. 822.08 in the proceedings before the court that issued the determination for which registration is sought.
(5)If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(6)Confirmation of a registered determination, whether by operation of law or after notice and hearing, precludes further contest of the determination with respect to any matter that could have been asserted at the time of registration.
Plain-English Summary
Section 822.35 lays out the registration process for bringing another state’s custody determination into Wisconsin courts. Subsection (1) states what must be sent to the clerk of any Wisconsin circuit court, with or without a simultaneous request for enforcement: a letter or other document requesting registration, two copies of the determination, one certified, along with a sworn statement that to the best of the registrant’s knowledge the determination has not been modified, and, except as provided in section 822.29, the name and address of the person seeking registration and of any parent or person acting as a parent awarded custody, physical placement, or visitation in the determination.
Subsection (2) tells the registering court what to do once it receives those documents: file the determination as a foreign judgment along with one copy of the accompanying documents, and serve notice on the persons named under subsection (1)(c), giving them an opportunity to contest the registration.
Subsection (3) sets what that notice must say: that the registered determination is enforceable, as of the registration date, the same way a Wisconsin-issued determination would be; that a hearing to contest its validity must be requested within 20 days after service of the notice; and that failing to contest will confirm the determination and bar any later challenge on a matter that could have been raised. Subsection (4) lists the grounds available at that hearing, if one is timely requested: the issuing court lacked jurisdiction under subchapter II, the determination has been vacated, stayed, or modified by a court with jurisdiction to do so, or the person contesting registration was entitled to notice but did not receive it in accordance with section 822.08’s standards in the original proceeding.
Subsections (5) and (6) close the loop. If no timely request for a contest hearing is made, the registration is confirmed as a matter of law, and everyone who was served, along with the person who sought registration, must be notified of that confirmation. Whether confirmation happens automatically or after a hearing, it precludes any further contest of the determination on a matter that could have been raised at the time of registration.
Frequently Asked Questions
How does someone register an out-of-state custody order in Wisconsin?
Section 822.35(1) requires sending the clerk of any circuit court a letter or document requesting registration, two copies of the determination with one certified, a sworn statement that it has not been modified, and the required names and addresses.
What does the Wisconsin court do once it receives a registration request?
Section 822.35(2) requires the court to file the determination as a foreign judgment and to serve notice on the named persons, giving them an opportunity to contest the registration.
How much time does someone have to contest a registered custody determination?
Section 822.35(3)(b) and (4) require a hearing to contest the registration to be requested within 20 days after service of the notice.
On what grounds can someone contest a registered determination?
Section 822.35(4) allows a challenge based on the issuing court lacking jurisdiction under subchapter II, the determination having been vacated, stayed, or modified by a court with jurisdiction to do so, or the contesting person not receiving notice meeting section 822.08’s standards in the original proceeding.
What happens if nobody contests the registration in time?
Section 822.35(5) confirms it as a matter of law, and section 822.35(6) bars any further contest on a matter that could have been raised at registration.
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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