What is the UCCJEA, and How Does it Impact Divorces and Custody Cases in Wisconsin?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA for short) is a uniform state law adopted in Wisconsin and all other States in the United States. It is used to help determine which state has authority to decide child custody matters and helps facilitate interstate enforcement of custody orders.

In Wisconsin, the UCCJEA is codified in Wisconsin Statutes Chapter 822. This Statute governs jurisdictional disputes and enforcement in child custody cases arising from divorces, legal separation, paternity actions, and other family court matters involving minor children.

In Wisconsin divorces involving minor children, the UCCJEA defines which state may enter the initial custody order, which often affects key outcomes such as physical placement and legal custody (decision-making authority).  

It may be strange to consider multiple states being involved in child custody matters, but it is not uncommon. Couples may physically separate for a period of time before a divorce or child custody case is filed, and one party may relocate outside the state.

As a hypothetical, if a couple divorces and Party A lives in Beloit, Wisconsin, and Party B relocates to South Beloit, Illinois, there may be questions about which state is the proper venue for custody matters involving minor children.

If the child resides primarily in Wisconsin and meets the “home state” test (below), Wisconsin family courts can and will determine custody. If the child resides outside Wisconsin or has significant connections elsewhere (see below), another state’s court might have jurisdiction or shared authority to decide custody.

Purpose of the UCCJEA

Wisconsin’s UCCJEA statute outlines the general purposes of the act, including:

• Avoiding jurisdictional competition and conflict between states,
• Promoting cooperation with courts in other states to render custody orders in the state best suited to decide the case,
• Discourage interstate custody disputes and prevent child abduction, and
• Facilitate the enforcement of out-of-state custody determinations and discourage the relitigation of custody issues in multiple states.

The Wisconsin Statute reflects the UCCJEA’s national goal to align state rules with practical custody interests and federal requirements.

Jurisdictional Rules - Home State Jurisdiction

Under Wisconsin Statute 822.21, a Wisconsin Court has initial child custody jurisdiction if Wisconsin is the child’s “home state” on the date the custody proceeding is filed. “Home state” is defined as the state in which the child has lived with a parent (or person acting as a parent) for at least six (6) consecutive months prior to filing of the action.  

The “home state” rule ensures that Courts in the state with the closest and most substantial connection to the child have priority in deciding custody matters. In our Beloit, Wisconsin/South Beloit, Illinois hypothetical, if the child lived with parent A in Beloit, Wisconsin, for at least 6 months, Wisconsin would be the child’s home state. If the child moved with Parent B to Illinois and resided there for at least six months, Illinois would be the child’s home state.

Jurisdictional Rules – Significant Connection Jurisdiction

If Wisconsin is not the “home state” of the minor child, a Wisconsin Court may assume jurisdiction if:

• All courts in the “home state” of the minor child have declined to exercise it (for whatever reason), and
• The child and at least one parent have a significant connection with the state of Wisconsin beyond a mere physical presence, and
• Substantial evidence is available in Wisconsin regarding the child’s care and relationships.  

This provision prevents stringent rules from depriving a connected state of having jurisdiction when it has meaningful ties to the family.

In our Beloit, Wisconsin/South Beloit, Illinois hypothetical, if parent A moves to Wisconsin from Illinois, registers the child in school, enrolls in Wisconsin public assistance, but has not lived in Wisconsin for at least six months, there can be an argument that Wisconsin has a significant connection and may be the proper forum.  

Exclusive, Continuing Jurisdiction

After a divorce or child custody case is filed with the state and a final order determining child custody and physical placement is issued, a valid Wisconsin custody order remains binding and enforceable. Wisconsin would then retain exclusive and continuing jurisdiction over the case. This is maintained so long as:

• The child, a parent (or a person acting as a parent), continues to live in Wisconsin, or
• Significant evidence about the child remains available in Wisconsin.

This rule is crucial to how modifications are handled. Wisconsin Courts, not other state courts, modify Wisconsin custody orders. If there is no longer a connection to the state of Wisconsin, for example, both parents and the child no longer reside in the state of Wisconsin, the Wisconsin custody order may be transferred to the relevant state that would be the new “home state” of the minor child.  

When a parent with custody of a minor child moves to another state, either during the divorce or custody matter or after, the UCCJEA’s jurisdictional rules determine whether Wisconsin courts retain jurisdiction or if a new state becomes the child’s home state.

If there is an existing Wisconsin Court order, Wisconsin typically retains exclusive jurisdiction, even if the custodial parent and child leave the state, so long as the other parent remains in Wisconsin.  

Enforcement of Out-of-State Custody Orders

Under the UCCJEA, Wisconsin Courts recognize and can enforce custody orders from other states, so long as the out-of-state order is valid. In order for a Wisconsin Court to enforce an out-of-state order, a party to the underlying order would register that foreign order in the State of Wisconsin. Typically, the out-of-state order would be registered in the County in which the in-state party lives, or more specifically, in the County in which the minor child resides.

Once the foreign order is registered in the State of Wisconsin, Wisconsin courts and law enforcement may enforce its provisions. Enforcement typically involves ensuring placement happens, and other provisions relating to the minor child (child support, placement, reimbursements, etc.).

Conclusion

In Wisconsin, the UCCJEA affects how child custody issues are litigated in divorce or custody cases, post-divorce or custody case disputes, and modifications, as well as interstate enforcement. By prioritizing home state jurisdiction, providing for exclusive and continuing jurisdiction, and facilitating enforcement of out-of-state orders, the UCCJEA supports judicial consistency and the best interests of the child in multi-state family law cases.

Contact O’Flaherty Law today to schedule a consultation. Let us guide you through the process with clear advice and trusted support.