When both parents live in Wisconsin, most disputes between them related to their children are governed by Chapter 767 of the Wisconsin Statutes. Whether they are divorcing, establishing paternity, working out child support or placement, or enforcing or modifying a previous order, their disputes are resolved by Wisconsin courts according to Wisconsin law.

In our mobile society, however, parents who do not reside together often find themselves living in, and litigating from, different states. Under those circumstances, which state’s law governs? Which state has jurisdiction to enter an order for child custody, placement, or support? And once you have an order, which state has jurisdiction to modify or enforce it?

The rules governing which state has jurisdiction to establish, change, or enforce an order concerning children, found primarily in Chapters 822 (the Uniform Child Custody Jurisdiction and Enforcement Act) and 769 (the Uniform Interstate Family Support Act), are complex – and in fact calling them complex is an understatement. Jurisdiction turns on a variety of factors, among them how long the children have lived in their current state, whether an order has been entered previously, whether the children are in danger, which state has more relevant evidence, which is the children’s “home state,”. . . the list is lengthy and at times ambiguous. The answer to which state has jurisdiction can, and often does, change over time as the parties’ and the children’s circumstances change. The statutory framework can even result in one state having jurisdiction concerning a placement issue and another state having jurisdiction concerning a child support issue – regarding the same children at the same time.

The attorneys at Wessel, Lehker & Fumelle have experience with interstate disputes concerning child support, child custody, child placement, and grandparent visitation. We have addressed these issues in cases from Texas to Washington State to New York. We have the knowledge and experience you need to help you make informed decisions concerning a move you are contemplating, a motion you are facing, an action you are initiating. We offer a free initial consultation, competitive rates, and a convenient location just off the Capitol Square in Madison.