Wisconsin Statutes & Annotations
Chapter 48 - Children's code.
48.435 - Custody of children.

48.435 Custody of children. The mother of a nonmarital child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency.
History: 1979 c. 330; 1983 a. 447.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 48 - Children's code.

48.01 - Title and legislative purpose.

48.02 - Definitions.

48.022 - Electronic filing.

48.023 - Guardianship.

48.025 - Declaration of paternal interest in matters affecting children.

48.027 - Child custody jurisdiction.

48.028 - Indian child welfare.

48.029 - Pregnancy testing prohibited.

48.03 - Time and place of court; absence or disability of judge; court of record.

48.035 - Court; Menominee and Shawano counties.

48.04 - Employees of court.

48.06 - Services for court.

48.067 - Powers and duties of intake workers.

48.069 - Powers and duties of disposition staff.

48.07 - Additional sources of court services.

48.08 - Duties of person furnishing services to court.

48.09 - Representation of the interests of the public.

48.10 - Power of the judge to act as intake worker.

48.11 - Advisory board.

48.13 - Jurisdiction over children alleged to be in need of protection or services.

48.133 - Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children.

48.135 - Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55.

48.14 - Jurisdiction over other matters relating to children.

48.15 - Jurisdiction of other courts to determine legal custody.

48.16 - Jurisdiction over petitions for waiver of parental consent to a minor's abortion.

48.185 - Venue.

48.19 - Taking a child into custody.

48.193 - Taking an adult expectant mother into custody.

48.195 - Taking a newborn child into custody.

48.20 - Release or delivery of child from custody.

48.203 - Release or delivery of adult expectant mother from custody.

48.205 - Criteria for holding a child or expectant mother in physical custody.

48.207 - Places where a child or expectant mother may be held in nonsecure custody.

48.208 - Criteria for holding a child in a juvenile detention facility.

48.209 - Criteria for holding a child in a county jail.

48.21 - Hearing for child in custody.

48.213 - Hearing for adult expectant mother in custody.

48.215 - Mother-young child care program.

48.217 - Change in placement; child or expectant mother held in custody.

48.227 - Runaway homes.

48.23 - Right to counsel.

48.233 - Five-county pilot program.

48.235 - Guardian ad litem.

48.236 - Court-appointed special advocate.

48.24 - Receipt of jurisdictional information; intake inquiry.

48.243 - Basic rights: duty of intake worker.

48.245 - Informal disposition.

48.25 - Petition: authorization to file.

48.255 - Petition; form and content.

48.257 - Petition to initiate a procedure to waive parental consent prior to a minor's abortion.

48.263 - Amendment of petition.

48.27 - Notice; summons.

48.273 - Service of summons or notice; expense.

48.275 - Parents' contribution to cost of court and legal services.

48.28 - Failure to obey summons; capias.

48.29 - Substitution of judge.

48.293 - Discovery.

48.295 - Physical, psychological, mental or developmental examination.

48.297 - Motions before trial.

48.299 - Procedures at hearings.

48.30 - Plea hearing.

48.305 - Hearing upon the involuntary removal of a child or expectant mother.

48.31 - Fact-finding hearing.

48.315 - Delays, continuances and extensions.

48.317 - Jeopardy.

48.32 - Consent decree.

48.33 - Court reports.

48.335 - Dispositional hearings.

48.345 - Disposition of child or unborn child of child expectant mother adjudged in need of protection or services.

48.347 - Disposition of unborn child of adult expectant mother adjudged in need of protection or services.

48.35 - Effect of judgment and disposition.

48.355 - Dispositional orders.

48.356 - Duty of court to warn.

48.357 - Change in placement; child or expectant mother subject to dispositional order.

48.358 - Trial reunification.

48.36 - Payment for services.

48.361 - Payment for alcohol and other drug abuse services.

48.362 - Payment for certain special treatment or care services.

48.363 - Revision of dispositional orders.

48.365 - Extension of orders.

48.366 - Extended out-of-home care.

48.368 - Continuation of dispositional orders.

48.37 - Costs and fees.

48.371 - Access to certain information by substitute care provider.

48.373 - Medical authorization.

48.375 - Parental consent required prior to abortion; judicial waiver procedure.

48.38 - Permanency planning.

48.383 - Reasonable and prudent parent standard.

48.385 - Plan for transition to independent living.

48.396 - Records.

48.40 - Definitions.

48.41 - Voluntary consent to termination of parental rights.

48.415 - Grounds for involuntary termination of parental rights.

48.417 - Petition for termination of parental rights; when required.

48.42 - Procedure.

48.422 - Hearing on the petition.

48.423 - Rights of persons alleging paternity.

48.424 - Fact-finding hearing.

48.425 - Court report by an agency.

48.426 - Standard and factors.

48.427 - Dispositions.

48.43 - Court orders; contents and effect; review.

48.432 - Access to medical information.

48.433 - Access to identifying information about parents.

48.434 - Release of identifying information by an agency when authorization is granted.

48.435 - Custody of children.

48.437 - Change in placement; posttermination of parental rights.

48.44 - Jurisdiction over persons 17 or older.

48.45 - Orders applicable to adults.

48.46 - New evidence; relief from judgment terminating parental rights.

48.465 - Motion for postdisposition relief and appeal.

48.468 - Purpose of department.

48.47 - Duties of department.

48.48 - Authority of department.

48.481 - Grants for children's community programs.

48.485 - Transfer of Indian children to department for adoption.

48.487 - Tribal family services.

48.52 - Facilities for care of children and adult expectant mothers in care of department.

48.526 - Community youth and family aids.

48.527 - Community youth and family aids; bonus for county facilities.

48.528 - Community intervention program.

48.545 - Brighter futures initiative.

48.546 - Family treatment court grant program.

48.547 - Alcohol and other drug abuse program.

48.548 - Multidisciplinary screen and assessment criteria.

48.55 - State adoption information exchange and state adoption center.

48.56 - Child welfare services in counties having populations of less than 750,000.

48.561 - Child welfare services in a county having a population of 750,000 or more.

48.562 - Milwaukee child welfare partnership council.

48.563 - Children and family aids funding.

48.565 - Carry-over of children and family aids funds.

48.568 - Allocation of federal funds for children and family aids and child welfare.

48.569 - Distribution of children and family aids funds to counties.

48.57 - Powers and duties of department and county departments providing child welfare services.

48.576 - Shelter care facilities; general supervision and inspection by department.

48.578 - Shelter care facilities; establishment, approval, inspection.

48.58 - County children's home in populous counties.

48.59 - Examination and records.

48.599 - Definitions.

48.60 - Child welfare agencies licensed.

48.61 - Powers and duties of child welfare agencies.

48.615 - Child welfare agency licensing fees.

48.619 - Definition.

48.62 - Licensing of foster homes; rates.

48.623 - Subsidized guardianships.

48.625 - Licensing of group homes; fees.

48.627 - Foster parent insurance and liability.

48.63 - Restrictions on placements.

48.64 - Placement of children in out-of-home care.

48.645 - Foster care aid.

48.647 - Second-chance homes.

48.65 - Child care centers licensed; fees.

48.651 - Certification of child care providers.

48.653 - Information for child care providers.

48.655 - Parental access.

48.656 - Parent's right to know.

48.657 - Child care center reports.

48.658 - Child safety alarms in child care vehicles.

48.659 - Child care quality rating system.

48.66 - Licensing duties of the department.

48.67 - Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments.

48.675 - Qualified residential treatment programs.

48.68 - Investigation of applicant; issuing of license.

48.685 - Criminal history and child abuse record search.

48.686 - Criminal history and child abuse record search; child care.

48.69 - Probationary licenses.

48.70 - Provisions of licenses.

48.715 - Sanctions and penalties.

48.72 - Appeal procedure.

48.73 - Inspection of licensees and school district child care programs.

48.735 - Immunization requirements; child care centers.

48.737 - Lead screening, inspection and reduction requirements; child care centers.

48.74 - Authority of department to investigate alleged violations.

48.743 - Community living arrangements for children.

48.745 - Formal complaints regarding child welfare agencies and group homes.

48.75 - Foster homes licensed by public licensing agencies and by child welfare agencies.

48.76 - Penalties.

48.77 - Injunction against violations.

48.78 - Confidentiality of records.

48.79 - Powers of the department.

48.80 - Municipalities may sponsor activities.

48.81 - Who may be adopted.

48.82 - Who may adopt.

48.825 - Advertising related to adoption.

48.83 - Jurisdiction and venue.

48.831 - Appointment of guardian for child without a living parent for adoptability finding.

48.832 - Transfer of guardianship upon revocation of guardian's license or contract.

48.833 - Placement of children for adoption by the department, county departments, and child welfare agencies.

48.834 - Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies.

48.835 - Placement of children with relatives for adoption.

48.837 - Placement of children with nonrelatives for adoption.

48.838 - Foreign adoption fees.

48.839 - Adoption of foreign children.

48.84 - Preadoption preparation for proposed adoptive parents.

48.841 - Persons required to file recommendation as to adoption.

48.85 - Recommendation of guardian.

48.871 - Filing of recommendation by guardian.

48.88 - Notice of hearing; investigation.

48.89 - Recommendation of the department.

48.90 - Filing of adoption petition; preadoption residence.

48.91 - Hearing; order.

48.913 - Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child.

48.915 - Adoption appeals given preference.

48.92 - Effect of adoption.

48.925 - Visitation rights of certain persons.

48.93 - Records closed.

48.94 - New birth record.

48.95 - Withdrawal or denial of petition.

48.96 - Subsequent adoption.

48.97 - Adoption and guardianship orders of other jurisdictions.

48.975 - Adoption assistance.

48.977 - Appointment of guardians for certain children in need of protection or services.

48.978 - Appointment or designation of standby guardian of a child.

48.979 - Delegation of power by parent.

48.9795 - Appointment of guardian of the person for a child.

48.98 - Interstate placement of children.

48.981 - Abused or neglected children and abused unborn children.

48.982 - Child abuse and neglect prevention board.

48.983 - Child abuse and neglect prevention program.

48.986 - Child abuse and neglect and unborn child abuse services.

48.987 - Earnings of self-supporting minors.

48.9875 - Minor consent for housing.

48.988 - Interstate compact on the placement of children.

48.989 - Interstate compact on the placement of children: additional procedure.

48.9895 - Withdrawal from Interstate Compact on the Placement of Children.

48.99 - Interstate Compact for the Placement of Children.

48.9985 - Interstate adoption agreements.

48.999 - Expediting interstate placements of children.