What Are Wisconsin Family Court Records?

Wisconsin family court records are official documents containing information regarding claims, complaints, and suits filed in/heard by family courts within the jurisdiction of Wisconsin. These, and other Wisconsin court records, include family-related case proceedings, including court actions, filed motions, court orders, and judgments and decrees made regarding these cases. Family court records are a type of civil record and are distinct from criminal court records; family courts handle civil matters such as divorce, child custody, and support, but do not handle criminal cases. In general, family court records in Wisconsin may be made available to interested and eligible persons upon request. However, to access a family court record, the requesting party may be required to meet some eligibility requirements that may be unique to the record custodian.

What Cases Are Heard by Wisconsin Family Courts?

Family courts in Wisconsin operate as divisions of the state circuit courts, which are situated in Wisconsin's 10 judicial administrative districts. The family divisions were established to handle all actions affecting families within the state's jurisdiction, including marriages, divorces, legal separations, alimony, child custody, visitation, support, property division, wills and trusts, and paternity. A judge presides over family court cases and makes determinations on these matters.

In Wisconsin, family court records are generated and disseminated by the office of the clerk of courts of each of the 249 circuit courts in the state. Where the verdict of a family court case is appealed at an appellate court or the Wisconsin Supreme Court, the most complete record of interest (containing the court's most recent verdict) will likely be maintained and disseminated by the administrative division of the court.

What is included in Wisconsin Family Court Records?

While family court records are typically designed to contain general case information and details of court proceedings, the information contained in Wisconsin family court records generally varies depending on the case and the record custodian. Typically, however, family court records include the parties' details and contact information and the trial transcripts, including court actions and motion arguments. The length of the hearing may affect the amount of information included in the transcripts and can also impact the cost of obtaining these records.

Depending on the case, family court records may also include details of financial entitlements issued to either party, such as child support, alimony, and estate division during the divorce. The conditions for child custody or visitation, legal separations, restraining orders, and other related concerns are usually included in the record if applicable. Thus, along with the court's final verdict, any penalties relating to the case are usually included. This includes jail terms and community service sentences, which are typically issued when an individual is held in contempt by the court. Records about the case may also be featured within a family court record. For instance, they may include Wisconsin marriage records, marriage licenses, birth and death certificates, and other vital record information.

Are Family Court Records Public in Wisconsin?

Under Wisconsin's open records law, most court records are accessible to interested members of the public without extended protocol. Wisconsin Statutes recognize that the management and dissemination of judicial records are part of the administrative duties of the state's various courts. As such, family court records can be obtained from designated custodians. The court is committed to providing a kind and respectful service to all individuals seeking access to family court records. However, while most records are public information, the right of public access to family court records is not absolute. As such, custodians are not requested to fulfill requests for records that have been deemed confidential or sealed by court order. The following confidential court case information is not accessible to the public:

• The personal information and contact information of minors, juvenile delinquents, and other selected persons
• The personal information of domestic violence victims, as well as victims of other forms of abuse
• The physical and psychological evaluations of most persons, usually the plaintiff
• All records are presented as evidence by the State Department of Human Services and medical personnel.
• Most financial details presented during court proceedings include inventories of property, social security information, credit card numbers, and related data.

Where the information or record required is confidential or sealed, the requesting party must obtain the required legal authority to access the information. This may be a court order /subpoena or a written statement from the subject(s) authorizing the requestor to view the record of interest. Given these requirements, confidential information is generally not available through online resources. Requests for these records may only be made directly to the record custodian in the courthouse where the case was filed/heard.

How Do I Get Family Court Records in Wisconsin?

Wisconsin family court records can be accessed using a variety of resources made available by the state judiciary. While some requestors may opt to use the online repositories at no cost, persons requiring authenticated/certified copies of these records may obtain them by querying the record custodian in person or via mail. However, most records accessible electronically may be copied/viewed without any permission. Ultimately, interested members of the public may view and/or obtain copies of Wisconsin family court records by:

• Using state-managed public-access online resources
• Making in-person queries to the record custodian
• Sending mail-in requests to the courthouse where the case was filed/heard.
• Using third-party aggregation websites

When submitting requests, requestors should follow any specific instructions provided by the court or record custodian to ensure the process is completed correctly.

How to Obtain Wisconsin Family Court Records Online

The state of Wisconsin operates three major central online repositories with which interested members of the public can obtain court records online. This includes:

• Wisconsin Circuit Court Access: This provides public access to the court records of Wisconsin circuit courts, located on the court's official website.
• Wisconsin Supreme Court and Court of Appeals Case Access: with which interested persons can view the status of cases filed in the state appellate courts, located on the court's official website.
• Table of Pending Cases: which serves as an index of cases currently pending in the state Supreme Court, located on the court's official website.

Given that family-related cases are the jurisdiction of the state circuit courts, most family court records can be obtained using the WCCA tool. The court's online case search is located on the official state judiciary website. However, where the case's verdict is being appealed, the court case information may be viewed using the WSCCA.

To obtain records from the aforementioned repositories, the user must furnish the search tools available on the system with the information required to facilitate the search. The WCCA tool will include the full name and birthdate of either plaintiff or defendant, the county in which the case was filed, and the case number of the record of interest. Similarly, users of the WSCCA will be required to provide the record's appeal number and circuit court case number, as well as the attorney's name, filing date, and the most current case status (along with the information required by the WCCA). Where the complete information is unknown, the wildcard symbol may replace some search parameters. However, partial information regarding the case or record must, at least, be provided.

These online tools allow access to most family court records. However, pursuant to Wisconsin statutes, all information deemed confidential and sealed by court order will not be obtained on publicly accessible platforms. To request confidential information, persons who meet the state's eligibility requirements may make in-person requests to the record custodian.

Both government websites and organizations may offer divorce and marriage records. Similarly, third-party public record websites can also provide these types of records. But because third-party organizations are not operated or sponsored by the government, record availability may vary. Further, Wisconsin divorce records are considered highly private and are often sealed, meaning the availability of these types of records cannot be guaranteed.

How to Make In-Person Requests for Wisconsin Family Records

Persons seeking to access full court case information, which may include confidential or sealed records, are advised to make in-person requests to the record custodian. The record custodian is typically the office of the Clerk of Courts of the courthouse where the case was filed/heard.

Locate the Record Custodian

To request a family court record in person, the requesting party must locate the court where the case was filed, heard, or appealed to. Typically, the family division of the circuit court in each judicial district serves as the custodian of family court records. However, where a judgment has been appealed at any appellate court or the state supreme court, the record is likely domiciled in the court's administrative arm.

Prepare the Requirements

Upon confirming the location of the record custodian, requestors are advised to contact the courthouse regarding any record retrieval requirements unique to that jurisdiction. In most cases, requestors will be required to provide information such as the full name of the parties involved in the suit, as well as the case file number of the record, and the place and date on which the suit was filed. Depending on the requested record, there may be a few additional requirements, such as a court subpoena (if the record contains confidential information), written permissions from the subject(s) of the record authorizing the requester to access the record, and a government-issued photo ID or any alternative identifying documents.

Make the Request

Before visiting a courthouse to request a record, the requesting party may be required to schedule an appointment with the record custodian beforehand. In some cases, requestors will be required to complete a request form in which the information required for facilitating a search will be indicated, as well as the personal information of the requesting party. Where the required document is a public record, requestors may proceed to self-serve using the court's public terminals. If not, record searches will be performed by court staff, following which the requester will be charged a standard search/copy fee (if applicable).

Publicly available records may also be accessible via third-party websites. These websites offer the convenience of providing information across several judicial districts. To find a record using the search engines on these sites, interested parties will be required to provide:

• The name of someone involved, provided it is not a juvenile
• The assumed location of the record in question, such as a city, county, or state name
• Third-party sites are not government-sponsored websites, and record availability may differ from official channels.

Family Court Records also include marriage records and divorce records. These records contain personal information of those involved, and their maintenance is critical should anyone involved wish to make changes. Because of this, both marriage and divorce records can be considered more difficult to locate and obtain than other public records and may not be available through government sources or third-party public record websites.

How to Access Wisconsin Family Court Records via Mail

Depending on the record of interest and the authority of the requesting party, Wisconsin family court records may also be requested via mail. To obtain family court records via mail, the requesting party must prepare a written request indicating any information required to facilitate the record search. Written requests must state relevant details of the record required, including the record type required, the full name(s) of the parties involved, the date and place the case was filed, and the case file number of the record.

Requestors are advised to contact the record custodian for information regarding any unique record retrieval requirements for jurisdiction. In most cases, the requestor may also be required to enclose the written request along with a cheque or money order payment for any indicated fees, as well as a copy of a government-issued photo-ID, and self-addressed envelope for delivering the requested records to the requesting party.

Are Child Custody Records Public In Wisconsin?

In Wisconsin, custody matters fall under Wis. Stat. § 767.41. Wisconsin's open records law allows public access to most court files, but family court records are treated with confidentiality when they concern minors. Custody evaluations, guardian ad litem reports, and parenting agreements are considered confidential and not available for public inspection. Access is limited to the parents, their attorneys, and agencies directly involved in the case. Judges may also issue protective orders to further restrict access when necessary.

How to Obtain Wisconsin Adoption Records

While Wisconsin adoption records are generally confidential, the state statutes allow selected persons to access these records. The persons eligible to access adoption records in Wisconsin include:

• The birth parents of the adopted individual
• The adoptive parents
• Adult adoptees
• Adoptees whose birth parents terminated their parental rights (when the adoptee was a minor)
• Offspring of adoptees.

The Wisconsin Department of Children and Families, through its Adoption Records Search Program, allows adoptees to obtain information regarding their birth and their blood relatives. The information available through this program includes non-identifying social details, medical and medical history, relevant genetic information of birth families, the personal and contact information of birth parents, and any impounded birth certificates. To request an adoption records search from the state DCF, interested and eligible persons are required to download and complete the Adoption Search Application form, which includes detailed instructions to help applicants complete the process correctly. The completed application, along with any other indicated requirements, should be delivered to:

Wisconsin Department of Children and Families,
Adoption Records Search Program
P.O. Box 8916
Madison, WI 53708–8916

How Do I Access Divorce Records in Wisconsin?

The Wisconsin Vital Records Office maintains divorce records dating back to October 1907. These records are also available through the Register of Deeds offices in various counties of the state. In contrast, records of divorce court proceedings are available in the office of the clerk of courts in the court where the decree was issued.

Requests for divorce records to the Vital Records Office of the Wisconsin Department of Health Services (DPH) can be made in person or via mail. While in-person requests simply require that the requesters visit the vital records office during official working hours, mail-in requests can be made by downloading and completing the Wisconsin Divorce Certificate Application. The completed form should be enclosed along with any indicated ID requirements and fees, and delivered to:

Wisconsin Vital Records Office
1 West Wilson Street,
Room 160
P.O. Box 309
Madison, WI 53701