Wisconsin Child Custody Legal Questions

Probably not. If you have sole legal custody, and you are letting your child go for a (presumably short-term) visit to a grandparent, I doubt the child's father could say anything that would make a difference. Is there something in a court order that prohibits or limits your taking the child out of state? Mostly there is just the statute which requires advance notice if you are moving the child to another state or more than 150 miles away. You are not moving her. It would be a good idea to consult the lawyer you employed during the divorce or paternity case.... Read More

Counselors may be very good at counseling, but it's not a great idea to go to them for legal advice. There is no grandparents rights law as such in Wisconsin. In Wisconsin, grandparents (and certain others) may file a petition for visitation. The problem is that judge are rarely favourable toward such requests. They seem to prefer you convince the parents simply to permit visits. Over the objections of the parents you would have to be ready to demonstrate to the Court that the visitation is in the child or children's best interest. This is not an easy task. Your best bet is to consult an experienced family law attorney in your area.... Read More

First, custody is not the issue, residential time is. Yes if mother is going to jail, father can make a motion to the court or a petition for modification (depending on how long she is going away) and ask for a change in the parenting plan. Whether the change is permanent depends on the length of time mom has to serve, the nature of the crime, etc.... Read More

I would suggest you immediately engage an attorney and finally motion to allow you to move with him. Given his age, and the fact that he is presently in your primary custody it should not be too difficult and perhaps, on filing the motion, his mother would rethink your position and allow the move voluntarily.... Read More

You need to get a lawyer. You don't say what the parenting plan provides for. If you are the primary residential parent, you must give written notice of the move. Because there is a time constraint less than the requisite amount for notice, you can make a motion for an emergency order to allow you to move the child. His opinion is legally irrelevant. You can enroll him in school in Florida even if he spends the summer here with his mother.... Read More

As a minor child yourself, the court would not give you custody (placement) of your younger sister; the preference in the law, is that children belong with either their mother or father, absent exigent and extraordinary circumstances, where either both parents are unfit  or in some other way unable  to care for their children.... Read More

It's generally not a good idea to make a support arrangement without the court approving it: the central office in Milwaukee keeps a good record of paymentswhich the courts rely on, rather than on the word of the parent(s). You certainly can move the Court for an Order amending the Order or judgment as it relates to child support. But the court is entitled to measure your earnings not by what you actually earned, but what you could have earned. So if you are earning less than you did in the past, you'll need convincing explanation of why that is so.... Read More

"Leaving the court out of it" makes the agreement unenforceable and if she changes her mind later, none of these payments will count since the old order stays in place until a new order is entered. So if an adjustment or modification is needed, do it properly, through the court. By the way, the judges order was not what the judge felt you should pay; the law requires imputing full time income when a person is voluntarily underemployed or unemployed.... Read More

I'd do my best to establish the earlier consent. You might have a letter or E-mail from him. You also can businesslike put to him the scenario to get him him in writing/E-mail to say to what degree he agrees with your recollection. If done successfully, and you document the changes you went through in reliance on the consent, you can legally leave. However, he could litigate over the issue in Family Court in your current County and he might be able to show some post-consent change of circumstances giving him a reasonable basis for changing his mind.... Read More