2017 Wisconsin Statutes & Annotations
Chapter 48. Children's code.
48.15 Jurisdiction of other courts to determine legal custody.

Universal Citation: WI Stat § 48.15 (2017)

48.15 Jurisdiction of other courts to determine legal custody. Except as provided in s. 48.028 (3), nothing in this chapter deprives another court of the right to determine the legal custody of a child by habeas corpus or to determine the legal custody or guardianship of a child if the legal custody or guardianship is incidental to the determination of an action pending in that court. Except as provided in s. 48.028 (3), the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 is paramount in all cases involving children alleged to come within the provisions of ss. 48.13 and 48.14 and unborn children and their expectant mothers alleged to come within the provisions of ss. 48.133 and 48.14 (5).

History: 1977 c. 449; 1981 c. 289; 1995 a. 77; 1997 a. 292; 2009 a. 94.

Judicial Council Note, 1981: Reference to “writs" of habeas corpus has been removed because that remedy is now available in an ordinary action. See s. 781.01, stats., and the note thereto. [Bill 613-A]

This section provides that “the jurisdiction of the court assigned to exercise jurisdiction under this chapter is paramount in all cases involving children alleged to come within the provisions of ss. 48.13 and 48.14." Under this section and State ex rel. Rickli v. County Court of Dane County, 21 Wis. 2d 89, the circuit court properly stayed proceedings on a grandmother's ch. 54 guardianship petitions until TPR proceedings were concluded. However, the court retained jurisdiction to do anything that did not conflict with its orders and findings in the TPR cases and once the TPR proceedings were concluded the court was free to consider the petitions. Under the facts of these cases, though, granting the ch. 54 petitions would have conflicted with the TPR orders. M. L.-F. v. Oneida County Department of Social Services, 2016 WI App 25, 367 Wis. 2d 697, 877 N.W.2d 401, 15-0553.

Disclaimer: These codes may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.