Wisconsin Statutes
Wis. Stat. § 822.23 (2026)
Jurisdiction to modify determination
✓ current as of July 2026
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822.23822.23 Jurisdiction to modify determination. Except as provided in s. 822.24, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under s. 822.21 (1) (a) or (b) and one of the following applies:
822.23(1)(1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under s. 822.22 or that a court of this state would be a more convenient forum under s. 822.27.
822.23(2)(2) A court of this state or a court of the other state determines that the child, the child’s parents, and all persons acting as parents do not presently reside in the other state.
822.23 AnnotationIn this case, the action for legal custody commenced in Wisconsin after entry of a custody decree in California was an action to modify the California custody decree requiring Wisconsin jurisdiction and no California jurisdiction at the time of commencement. P.C. v. C.C., 161 Wis. 2d 277, 468 N.W.2d 190 (1991).
822.23 NoteNOTE: The above annotation cites to the Uniform Child Custody Jurisdiction Act, the predecessor statute to the current Uniform Child Custody Jurisdiction and Enforcement Act.
Notes of Decisions
Cited in 7
cases, 1987–2019 · leading case: In Re Custody of Kalbes, 2007 WI App 136 (Wis. Ct. App. 2007).
In Re Custody of Kalbes, 2007 WI App 136 (Wis. Ct. App. 2007). “§ 822.23. Under § 822.23(1), a court may only modify another court's custody determination if the other court "determines that it no longer has exclusive, continuing jurisdiction under s.”
In Re Custody of Sengstock, 477 N.W.2d 310 (Wis. Ct. App. 1991). “Section 822.23, Stats. However, the San Carlos Apache Indian Tribe is neither a state nor a foreign country.”
In Re Marriage of Vause v. Vause, 409 N.W.2d 412 (Wis. Ct. App. 1987). “Since sec. 822.23, Stats., 4 requires, as a condition to recognition and enforcement of foreign-nation custody decrees, that reasonable notice and opportunity to be heard have been given to all affected persons, we will review the record to determine whether this *162…”
In re A. P., 928 N.W.2d 813 (Wis. Ct. App. 2019). “§ 822.23, that it had jurisdiction to enter an order modifying a Minnesota custody order.”
Sengstock v. San Carlos Apache Tribe, 477 N.W.2d 310 (Wis. Ct. App. 1991). “Section 822.23, Stats. However, the San Carlos Apache Indian Tribe is neither a state nor a foreign country.”
In RE MARRIAGE OF MENDEZ v. Hernandez-Mendez, 570 N.W.2d 563 (Wis. Ct. App. 1997). “" Service according to the convention insures that documents are brought to the notice of the addressee in sufficient time to permit the addressee an opportunity to be heard.”
Mark Miller v. Annie Miller (Tenn. Ct. App. 2015). “Wis. Stat. Ann. § 822.23 . Although Wisconsin’s version of the UCCJEA provides for temporary emergency jurisdiction, such jurisdiction is only available if the child is present in the state “and the child has been abandoned or it is necessary in an emergency to protect the child…”
— Wis. Stat. § 822.23(1) — 1 case
In Re Custody of Kalbes, 2007 WI App 136 (Wis. Ct. App. 2007). “§ 822.23. Under § 822.23(1), a court may only modify another court's custody determination if the other court "determines that it no longer has exclusive, continuing jurisdiction under s.”
— Wis. Stat. § 822.23(2) — 1 case
In re A. P., 928 N.W.2d 813 (Wis. Ct. App. 2019). “§ 822.23, that it had jurisdiction to enter an order modifying a Minnesota custody order.”
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