UCCJEA and Interstate Jurisdiction for Wisconsin Guardianship Cases

Why Interstate Jurisdiction Matters

When a child has connections to more than one state — maybe they lived in Illinois last year and moved to Wisconsin three months ago, or one parent lives in Minnesota — the court needs to determine which state has the authority to hear the guardianship case. That's where the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) comes in, codified in Wisconsin under Chapter 822.

Every minor guardianship petition filed under Wis. Stat. § 48.9795 requires a UCCJEA Declaration (Form GF-150). There are no exceptions, even if everyone involved lives in Wisconsin.

The Home State Rule

The UCCJEA's primary test is "home state" jurisdiction. Wisconsin has jurisdiction if it is the child's home state — meaning the child has lived in Wisconsin with a parent or person acting as a parent for at least six consecutive months immediately before the petition is filed.

For infants under six months old, the home state is wherever the child has lived since birth.

If the child moved to Wisconsin recently and hasn't been here six months, Wisconsin likely doesn't have home state jurisdiction. The state the child left may still hold jurisdiction, and filing in the wrong state risks having your case dismissed.

Form GF-150: What It Asks

Form GF-150 (UCCJEA Declaration) is an unsworn declaration signed under penalty of false swearing. It requires:

• The child's current address and every address over the preceding five years
• The names and addresses of every person the child has lived with during that period
• Whether any other custody, guardianship, or child protection proceeding involving the child is pending in any state or tribal court
• Whether any court has previously made a custody or guardianship determination for the child

The court uses this information to verify that Wisconsin has jurisdiction and to check for conflicting orders in other states. Filing a false GF-150 is a criminal offense.

Temporary Emergency Jurisdiction

Wisconsin can exercise temporary emergency jurisdiction under § 822.24 if the child is physically present in the state and has been abandoned or needs emergency protection from mistreatment or abuse. This allows the court to issue an emergency guardianship order (Form JN-1504) even without home state jurisdiction.

However, emergency jurisdiction is temporary — it doesn't give Wisconsin permanent authority over the case. The emergency order lasts up to 60 days, and the court must communicate with the child's home state to determine which state should handle the permanent proceedings.

Moving a child to Wisconsin specifically to file for guardianship here doesn't establish home state jurisdiction. Courts scrutinize this, and opposing parties routinely raise jurisdictional challenges when a child's move coincides with a guardianship filing.

Transferring an Existing Order to Another State

If you already have a Wisconsin guardianship order and move to another state, the new state can register the order for enforcement. Registration does not by itself transfer authority to modify the order. Under the UCCJEA, Wisconsin may retain exclusive, continuing jurisdiction after the move; whether another state can modify the order depends on the statute's jurisdictional requirements.

A full guardian under § 48.9795 has authority to change the child's residence to another state, subject to any court-ordered limits, and must immediately notify the appointing court of any change in the guardian's or child's address. Failing to notify can be grounds for modification or termination of the guardianship.

Multiple States, Multiple Cases

The UCCJEA prevents competing custody or guardianship orders in different states. If a custody proceeding is already pending in another state with jurisdiction under the UCCJEA, Wisconsin must stay its proceeding and communicate with that court. The other state's first filing matters only if it has jurisdiction substantially in conformity with the UCCJEA. This is one reason the GF-150 disclosure is mandatory — it surfaces existing cases that could affect your Wisconsin filing.

If you're in this situation, you may need to file a motion to transfer jurisdiction or wait for the other state's case to resolve before proceeding in Wisconsin.

Navigate the Jurisdictional Requirements

Our Wisconsin Guardianship and Custody Court Process Guide walks through the GF-150 filing and explains how the UCCJEA interacts with each type of guardianship petition — full, limited, temporary, and emergency.

See more Wisconsin guides →