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Section 769.201 – Bases for jurisdiction over nonresident

May 14, 2021 | Family Law, Wisconsin

(1m) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual’s guardian or conservator, if any of the following applies:

(a) The individual is personally served with a summons or other notice within this state.
(b) The individual submits to the jurisdiction of this state by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.
(c) The individual resided with the child in this state.
(d) The individual resided in this state and provided prenatal expenses or support for the child.
(e) The child resides in this state as a result of the acts or directives of the individual.
(f) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
(g) The individual asserted parentage of a child in a declaration of paternal interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15(3) (b) 1 or 3.
(gm) The individual was conclusively determined from genetic test results to be the father under s. 767.804.
(h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(2m) The bases of personal jurisdiction set forth in sub. (1m) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of s. 769.611 are met or, in the case of a foreign support order, unless the requirements of s. 769.615 are met.

Wis. Stat. ยง 769.201

Amended by Acts 2019 ch, 95,s 47, eff. 8/1/2020.
1993 a. 326; 1995 a. 27 s. 9126 (19); 2007 a. 20; 2009 a. 321.

Section 769.201 is affected by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:

769.201 Bases for jurisdiction over nonresident. (1m) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual’s guardian or conservator, if any of the following applies:

(a) The individual is personally served with a summons or other notice within this state.

(b) The individual submits to the jurisdiction of this state by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.

(c) The individual resided with the child in this state.

(d) The individual resided in this state and provided prenatal expenses or support for the child.

(e) The child resides in this state as a result of the acts or directives of the individual.

(f) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.

(g) The individual asserted parentage of a child in a declaration of paternal interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15(3) (b) 1. or 3.

(h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(2m) The bases of personal jurisdiction set forth in sub. (1m) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of s. 769.611 are met or, in the case of a foreign support order, unless the requirements of s. 769.615 are met.