How to File for Custody in Wisconsin — Step-by-Step Process

Before You File: Residency Requirements

Wisconsin won't hear your custody case unless you meet strict jurisdictional rules. At least one parent must have been a Wisconsin resident for at least 6 consecutive months and a resident of the specific filing county for at least 30 days immediately before filing. If you file before hitting these thresholds, the court lacks jurisdiction — the case gets dismissed, not amended.

Step 1: File the Right Forms

The exact forms depend on your situation:

If you're married (divorce with children):

• Summons with Minor Children (Form FA-4104V)
• Petition with Minor Children (Form FA-4108V)
• Confidential Petition Addendum (Form GF-179) — keeps Social Security numbers and birth dates out of the public record

If both spouses agree:

• Joint Petition with Minor Children (Form FA-4110V) — eliminates the need for formal service of process

If you're unmarried:

• You'll file a paternity and custody action. Unmarried mothers hold sole legal custody and physical placement by default under § 767.82(2m). Unmarried fathers must establish paternity (through a Voluntary Paternity Acknowledgment or court-ordered genetic test) and then file for custody and placement.

Filing fees start with a statewide base of $184.50, but county-specific surcharges can raise the total past $300, plus $10 if you're requesting child support or maintenance services. E-filing adds another $20–$35 per party. If you can't afford fees, file Form CV-410A (Petition for Waiver of Fees — Declaration of Indigency). If approved, the court waives filing, e-filing, and service fees.

Step 2: Serve the Other Parent

If you filed individually (not a joint petition), you must serve the other parent within 90 days of filing. Service must be performed by a county sheriff or private process server — you cannot serve the papers yourself.

The other parent confirms receipt through either:

• FA-4120V (Declaration of Service) — filed by the person who served the papers
• FA-4119V (Admission of Service) — signed voluntarily by the respondent

Step 3: Temporary Orders

Cases take months to resolve. Either parent can file FA-4128VA (Declaration to Show Cause and Request for Hearing for Temporary Order) to establish immediate rules for custody, placement, child support, and use of the marital home.

The court must schedule a temporary order hearing before a Family Court Commissioner (FCC) within 30 days of the request. The FCC's decision is binding until the final hearing — which could be four to twelve months away — so these temporary orders shape the practical reality of your case.

If you disagree with the FCC's ruling, you have the right to a de novo hearing before the Circuit Court judge. File Form FA-4130V within 20 calendar days of the oral ruling, or within 20 calendar days of the mailing of the written decision if there was no oral ruling. Important: Waukesha, Washington, Kenosha, and Racine counties enforce a shorter 15-calendar-day deadline. Verify your county's local rules with the Clerk of Court immediately after the FCC hearing.

Step 4: Mediation and Parenting Class

If custody or placement is contested, the court refers both parents to mandatory mediation through Family Court Services under § 767.405. Mediation can be waived if there are domestic violence concerns.

Concurrently, the court typically orders both parents to attend a court-approved parenting education class (typically "Children in Between") — 4 hours or less, focused on how separation affects children. Complete it within 30–60 days of the order. Skipping the class won't block your divorce, but it will prevent you from filing any future custody or placement motions.

Step 5: Financial Disclosures and Parenting Plans

Within 90 days of service (or the filing of a joint petition), both parties must file Form FA-4139V (Financial Disclosure Statement) — a sworn inventory of all income, assets, debts, and expenses.

If mediation fails or is waived, each parent files their Proposed Parenting Plan (Form FA-4147V) within 60 days of the mediation impasse notification or waiver order. Missing this deadline means you waive your right to object to the other parent's plan.

Step 6: GAL Appointment (If Contested)

When custody remains disputed after mediation, the court must appoint a Guardian Ad Litem under § 767.407. The GAL investigates, interviews the child, and submits a placement recommendation. Both parents typically split GAL fees, with retainers of $1,000–$3,000+ per parent.

Step 7: Final Hearing

For a divorce case, after the 120-day waiting period and all disclosures, plans, and the GAL report are filed, the court schedules a final hearing. If both parents agree, the hearing is brief — the court incorporates the settlement into a final judgment. If the case is contested, the judge conducts a bench trial and issues a binding order based on the 16 best-interest factors.

For a complete guide through each filing step, form-by-form instructions, and parenting plan preparation strategies, see the Wisconsin Custody & Parenting Plan Guide.

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