Wisconsin Statutes
Wis. Stat. § 767.001 (2026)
Definitions
✓ current as of July 2026
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767.001(1)(i)(i) To enforce or modify a judgment or order in an action affecting the family granted in this state or elsewhere or an order granted under s. 48.355 (4g) (a) or 938.355 (4g) (a).
767.001(1)(k)(k) Concerning periods of physical placement or visitation rights to children, including an action to relocate and reside with a child under s. 767.481.
767.001(1)(m)(m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).
767.001(1b)(1b) “Court” includes the circuit court commissioner when the circuit court commissioner has been authorized by law to exercise the authority of the court or has been delegated that authority as authorized by law.
767.001(1fm)(1fm) “Driving miles” means the actual distance traveling by road required to get from one location to another.
767.001(1g)(1g) “Electronic communication” means time during which a parent and his or her child communicate by using communication tools such as the telephone, electronic mail, instant messaging, video conferencing or other wired or wireless technologies via the Internet, or another medium of communication.
767.001(1m)(1m) “Genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father’s paternity.
767.001(1s)(1s) “Joint legal custody” means the condition under which both parties share legal custody and neither party’s legal custody rights are superior, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order.
767.001(2)(a)(a) With respect to any person granted legal custody of a child, other than a county agency or a licensed child welfare agency under par. (b), the right and responsibility to make major decisions concerning the child, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order.
767.001(2)(b)(b) With respect to the department or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).
767.001(2m)(2m) “Major decisions” includes, but is not limited to, decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for nonemergency health care and choice of school and religion.
767.001(5)(5) “Physical placement” means the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.
767.001 HistoryHistory: 1987 a. 355; 1995 a. 100, 279, 404; 1997 a. 3, 27, 35; 2005 a. 174; 2005 a. 443 ss. 7, 8, 15, 16; 2007 a. 20; 2015 a. 373; 2017 a. 203; 2025 a. 81.
767.001 NoteNOTE: 1987 Wis. Act 355 and 2005 Wis. Act 443 contain explanatory notes.
767.001 AnnotationSub. (2m) confers the right to choose a child’s religion on the custodial parent. Lange v. Lange, 175 Wis. 2d 373, 502 N.W.2d 143 (Ct. App. 1993).
767.001 AnnotationA custodial parent’s right to make major decisions for the children does not give that parent the right to decide whether the actions of the noncustodial parent are consistent with those decisions. Wood v. DeHahn, 214 Wis. 2d 221, 571 N.W.2d 186 (Ct. App. 1997), 96-3642.
767.001 AnnotationSub. (1) (i) allows all actions to modify a judgment in an action affecting marriage to be commenced in any court having jurisdiction under s. 767.01. 68 Atty. Gen. 106.
767.001 AnnotationFamily Court or Not? Raising Child Abuse Allegations Against a Parent. Kornblum & Pollack. Wis. Law. Mar. 2020.
Notes of Decisions
Cited in 33
cases (11 in the last 5 years), 1991–2026 · leading case: Marriage of Lange v. Lange, 502 N.W.2d 143 (Wis. Ct. App. 1993).
Marriage of Lange v. Lange, 502 N.W.2d 143 (Wis. Ct. App. 1993). “" Section 767.001, Stats., provides in relevant part: (2) "Legal custody" means: (a) With respect to any person granted legal custody of a child, other than a county agency or a licensed child welfare agency .”
David J. Rosecky v. Monica M. Schissel, 2013 WI 66 (Wis. 2013). “§ 767.001 , defines "action affecting the family" to mean an action to determine paternity, a custody action, and an action concerning physical placement, in addition to other actions.”
In Re Marriage of Licary v. Licary, 484 N.W.2d 371 (Wis. Ct. App. 1992). “Section 767.001(1), Stats. "Physical placement" is the right of a party to have a child physically placed with that party and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by…”
Rick v. Opichka, 2010 WI App 23 (Wis. Ct. App. 2010). “Jeffrey takes the wrong road from the start by thinking that there is a difference between the quantity of "physical placement" as that term is used in Wis. Stat. § 767.001 (5) and the quantity of "visitation" as that word is used in the grandparent visitation statute, Wis.”
Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). “Wis. Stat. § 767.001 (1). The action to void a marriage comes through Wis.”
In Re Marriage of Lawrence v. Lawrence, 2004 WI App 170 (Wis. Ct. App. 2004). “The agreement *406 provides that the parties are to consult and attempt to reach an agreement on all major decisions affecting Desmond's life, with major decisions defined in Wis. Stat. § 767.001 (2m). The term that is the subject of this appeal provides that "Attorney David…”
In Re Marriage of Greene v. Hahn, 2004 WI App 214 (Wis. Ct. App. 2004). “" Wis. Stat. § 767.001 (5). Prior to the instant order, the parties had "joint legal custody," which means that they shared legal custody and "neither party's legal custody rights are superior, except *483 with respect to specified decisions as set forth by the court or the…”
Marriage of Lubinski v. Lubinski, 2008 WI App 151 (Wis. Ct. App. 2008). “" Wis. Stat. § 767.001 (5). "Major decisions," in turn, are defined as including decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operators license, authorization for nonemergency health care and choice of school and…”
In Re Custody of HSHK, 533 N.W.2d 419 (Wis. 1995). “The legislature could have easily inserted a provision into sec. 767.001, Stats. (definitions), broadly defining the term "family" to include non-legally protected, non-traditional relationships.”
Dickson v. Dickson, 1997 ND 167 (N.D. 1997). “41 (5) (“Rights and responsibilities as legal custodian of the child include, but are not limited to, equal partie-ipation in decisions affecting the child’s legal status, medical care, education, extracurricular activities, and religious instruction”); Wis. Stat. Ann. § 767.001…”
In Re Paternity of Stephanie RN, 498 N.W.2d 235 (Wis. 1993). “" "Physical placement" is defined in sec. 767.001(5), Stats., 1991-92. The term "placement" as used in this opinion refers to "physical placement.”
Douglas L. v. Arika B., 2015 WI App 80 (Wis. Ct. App. 2015). “Wis. Stat. § 767.001 (1). In other family actions, courts consider the best interests of children at various points in time; it is not a static determination.”
— Wis. Stat. § 767.001(1) — 5 cases
In Re Marriage of Licary v. Licary, 484 N.W.2d 371 (Wis. Ct. App. 1992). “Section 767.001(1), Stats. "Physical placement" is the right of a party to have a child physically placed with that party and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by…”
Patricia Mudlaff v. Joseph McLeod, 2013 WI 76 (Wis. 2013). “Wis. Stat. § 767.001 (1). The action to void a marriage comes through Wis.”
In Re Marriage of Matz, 479 N.W.2d 245 (Wis. Ct. App. 1991).
Portage Cnty. v. D. A. (Wis. Ct. App. 2022).
R. G. v. J. J. (Wis. Ct. App. 2024).
— Wis. Stat. § 767.001(1)(e) — 1 case
S.C. v. D.L. (Wis. Ct. App. 2022).
— Wis. Stat. § 767.001(1)(g) — 1 case
Reham M. Okab v. Baha Y. Hamdan (Wis. Ct. App. 2022).
— Wis. Stat. § 767.001(1)(h) — 1 case
Reham M. Okab v. Baha Y. Hamdan (Wis. Ct. App. 2022).
— Wis. Stat. § 767.001(1m) — 1 case
Vishnu Chaitanya Alamuri v. Angela M. Yadagiri (Wis. Ct. App. 2024).
— Wis. Stat. § 767.001(2) — 4 cases
In Re Marriage of Licary v. Licary, 484 N.W.2d 371 (Wis. Ct. App. 1992). “Section 767.001(1), Stats. "Physical placement" is the right of a party to have a child physically placed with that party and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by…”
Marriage of Lange v. Lange, 502 N.W.2d 143 (Wis. Ct. App. 1993). “" Section 767.001, Stats., provides in relevant part: (2) "Legal custody" means: (a) With respect to any person granted legal custody of a child, other than a county agency or a licensed child welfare agency .”
Wood v. DeHahn, 571 N.W.2d 186 (Wis. Ct. App. 1997).
In Re Marriage of Wood v. Dehahn, 571 N.W.2d 186 (Wis. Ct. App. 1997).
— Wis. Stat. § 767.001(2)(a) — 3 cases
Marriage of Lange v. Lange, 502 N.W.2d 143 (Wis. Ct. App. 1993). “" Section 767.001, Stats., provides in relevant part: (2) "Legal custody" means: (a) With respect to any person granted legal custody of a child, other than a county agency or a licensed child welfare agency .”
State v. Inglin, 592 N.W.2d 666 (Wis. Ct. App. 1999).
Lyle D. Fish v. Miranda L. Parker (Wis. Ct. App. 2022).
— Wis. Stat. § 767.001(2m) — 7 cases
Marriage of Lange v. Lange, 502 N.W.2d 143 (Wis. Ct. App. 1993). “" Section 767.001, Stats., provides in relevant part: (2) "Legal custody" means: (a) With respect to any person granted legal custody of a child, other than a county agency or a licensed child welfare agency .”
Marriage of Lubinski v. Lubinski, 2008 WI App 151 (Wis. Ct. App. 2008). “" Wis. Stat. § 767.001 (5). "Major decisions," in turn, are defined as including decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operators license, authorization for nonemergency health care and choice of school and…”
In Re Marriage of Lawrence v. Lawrence, 2004 WI App 170 (Wis. Ct. App. 2004). “The agreement *406 provides that the parties are to consult and attempt to reach an agreement on all major decisions affecting Desmond's life, with major decisions defined in Wis. Stat. § 767.001 (2m). The term that is the subject of this appeal provides that "Attorney David…”
Wood v. DeHahn, 571 N.W.2d 186 (Wis. Ct. App. 1997).
F. R. v. T. B., 593 N.W.2d 840 (Wis. Ct. App. 1999).
— Wis. Stat. § 767.001(5) — 11 cases
Rick v. Opichka, 2010 WI App 23 (Wis. Ct. App. 2010). “Jeffrey takes the wrong road from the start by thinking that there is a difference between the quantity of "physical placement" as that term is used in Wis. Stat. § 767.001 (5) and the quantity of "visitation" as that word is used in the grandparent visitation statute, Wis.”
In Re Marriage of Licary v. Licary, 484 N.W.2d 371 (Wis. Ct. App. 1992). “Section 767.001(1), Stats. "Physical placement" is the right of a party to have a child physically placed with that party and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by…”
In Re Paternity of Stephanie RN, 498 N.W.2d 235 (Wis. 1993). “" "Physical placement" is defined in sec. 767.001(5), Stats., 1991-92. The term "placement" as used in this opinion refers to "physical placement.”
Marriage of Lange v. Lange, 502 N.W.2d 143 (Wis. Ct. App. 1993). “" Section 767.001, Stats., provides in relevant part: (2) "Legal custody" means: (a) With respect to any person granted legal custody of a child, other than a county agency or a licensed child welfare agency .”
In Re Marriage of Matz, 479 N.W.2d 245 (Wis. Ct. App. 1991).
— Wis. Stat. § 767.001(6) — 1 case
In Re Marriage of Licary v. Licary, 484 N.W.2d 371 (Wis. Ct. App. 1992). “Section 767.001(1), Stats. "Physical placement" is the right of a party to have a child physically placed with that party and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by…”
— Wis. Stat. § 767.001(b) — 1 case
Mpoli N. Simwanza-Johnson v. Matthew Christopher Johnson (Wis. Ct. App. 2026).
— Wis. Stat. § 767.001(lb) — 1 case
Nehls v. Nehls, 2012 WI App 85 (Wis. Ct. App. 2012).
— Wis. Stat. § 767.001(ls) — 3 cases
In Re Marriage of Greene v. Hahn, 2004 WI App 214 (Wis. Ct. App. 2004). “" Wis. Stat. § 767.001 (5). Prior to the instant order, the parties had "joint legal custody," which means that they shared legal custody and "neither party's legal custody rights are superior, except *483 with respect to specified decisions as set forth by the court or the…”
In Re Marriage of Lawrence v. Lawrence, 2004 WI App 170 (Wis. Ct. App. 2004). “The agreement *406 provides that the parties are to consult and attempt to reach an agreement on all major decisions affecting Desmond's life, with major decisions defined in Wis. Stat. § 767.001 (2m). The term that is the subject of this appeal provides that "Attorney David…”
State v. Inglin, 592 N.W.2d 666 (Wis. Ct. App. 1999).
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