822.23 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:
(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.
(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.
History: 2005 a. 130.
An 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. In Interest of A.E.H., 161 Wis. 2d 277, 468 N.W.2d 190 (1991).
NOTE: The above annotation cites to the Uniform Child Custody Jurisdiction Act, the predecessor statute to the current Uniform Child Custody Jurisdiction and Enforcement Act.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 822 - Uniform child custody jurisdiction and enforcement act.
822.01 - Short title; purposes; construction of provisions.
822.03 - Proceedings governed by other law.
822.04 - Application to Indian tribes.
822.05 - International application.
822.06 - Effect of child custody determination.
822.08 - Notice to persons outside state.
822.09 - Appearance and limited immunity.
822.10 - Communication between courts.
822.11 - Taking testimony in another state.
822.12 - Cooperation between courts; preservation of records.
822.21 - Initial child custody jurisdiction.
822.22 - Exclusive, continuing jurisdiction.
822.23 - Jurisdiction to modify determination.
822.24 - Temporary emergency jurisdiction.
822.25 - Notice; opportunity to be heard; joinder.
822.26 - Simultaneous proceedings.
822.28 - Jurisdiction declined by reason of conduct.
822.29 - Information to be submitted to court.
822.295 - Appearance of parties and child.
822.32 - Enforcement under Hague Convention.
822.34 - Temporary physical placement or visitation.
822.35 - Registration of child custody determination.
822.36 - Enforcement of registered determination.
822.37 - Simultaneous proceedings.
822.38 - Expedited enforcement of child custody determination.
822.39 - Service of petition and order.
822.41 - Warrant to take physical custody of child.
822.42 - Costs, fees, and expenses.
822.43 - Recognition and enforcement.