Wisconsin Statutes & Annotations
Chapter 822 - Uniform child custody jurisdiction and enforcement act.
822.02 - Definitions.

822.02 Definitions. In this chapter:
(1) “Abandoned" means left without provision for reasonable and necessary care or supervision.
(2) “Child" means an individual who has not attained 18 years of age.
(3) “Child custody determination" means a judgment, decree, or other order of a court providing for legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4) “Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, legal separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. “Child custody proceeding" does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under subch. III.
(5) “Commencement" means the filing of the first pleading in a proceeding, provided that service is completed in accordance with the applicable provisions of ch. 801.
(6) “Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(7) “Home state" means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned in this subsection. A period of temporary absence of any of the persons mentioned in this subsection is part of the period.
(8) “Initial determination" means the first child custody determination concerning a particular child.
(9) “Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter.
(10) “Issuing state" means the state in which a child custody determination is made.
(11) “Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
(12) “Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(13) “Person acting as a parent" means a person, other than a parent, to whom all of the following apply:
(a) He or she has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding.
(b) He or she has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(14) “Physical custody" means the physical care and supervision of a child and, unless the context otherwise requires, includes physical placement.
(14c) “Physical placement" has the meaning given in s. 767.001 (5).
(15) “State" means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16) “Tribe" means an American Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state.
(17) “Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
History: 2005 a. 130.
A grandparent who had physical custody of a child for a period of six consecutive months within one year of the commencement of the proceedings, but had never been awarded legal custody and did not claim a right to legal custody, no longer cared for the child, and had no plans to resume caring for the child was not a “person acting as a parent" under sub. (13). Stephen R. v. Ilana C. 2011 WI App 13, 331 Wis. 2d 108, 794 N.W.2d 533, 10-0363.