Wisconsin Child Custody Legal Questions

If the two of you do not live in close proximity, the court will not order a 50/50 parenting plan for the child. In WA both of you would share the cost of long distance transportation where one parent lives far away, whether he or the child do the travelling. Since she's only a year old, a graduated scheduled should be ordered so that he comes to where the child lives until she is older and then she can travel to see him. Obviously an adult will have to travel with her until she is older.... Read More

First things first: you each should retain an experienced matrimonial lawyer. They are good at working these things out. Second, be sure to distinguish between legal custody, which is the right to make the important decisions in a child's life, and placement, which means with which parent the child resides, and for what percentage of the time. Sending a small child on a 1000-mile trip tor periods of temporary physical placement is so unusual an idea, and so unfair to the child, that I doubt a court would buy it. Let your lawyers know all the facts and let them work it out.... Read More

Usually, in a situation where there is a court Order that requires you to pay child support then losing your job by itself does not automatically create a reason to stop paying child support _but_ what you should do is file a motion to ask the Court for permission to stop paying (or as an alternative, lower your payments). Please be careful because, in general, if you stop paying without getting permission from the Court then you run the risk of being held in contempt of court.... Read More

There is a reasonable doubt as to whether your agreement to modify is enforceable without its having become a court order. Why did you trust your ex's lawyer? He owes very little in the way of duties to you. But one of those duties is to refrain from deceiving you. The fact that your ex did pay the modified amount for some time suggest that there really was an agreement. Talk to an experienced family law attorney. Good Luck.... Read More

The wishes of a child on preference for placement are outlined in sec. 767.41 (5) 2. of the Wisconsin Statutes, which states, in part, "the wishes of the child, which may be communicated by the child or through the child's guardian ad litem or other appropriate professional."  This is also stated in the Guardian ad litem statute, sec. 767.401 (4), which reads, in part, "Unless the child otherwise requests, the guardian ad litem shall communicate to the court the wishes of the child as to the child's legal custody or physical placement under sec. 767.41 (5) (am) 2."  That is the legal side of things. Practically, whether the court will force you to live at your age, somewhere you do not want to live,  is largely dependent on who is hearing your case in court. Some judges and family court commissioners may feel that a child never gets to  decide where they want to live and others may feel at a mature age, such as 17, the court is not going to force the child to live with a parent if the child does not want to live there, or visit another parent, if there is some estrangement issues between the parent and child. At your age, one can only assume that if the matter were brought into court, the court would respect your personal wishes to live with your mother at this  point in your life.... Read More

If the divorce has been filed, there is a prohibition on removing the children from the state or more than 150 miles from the other parent. That same prohibition applies once you are divorced. If your wife is refusing to let you see the children and assuming the divorce is filed, file a request for a temporary hearing so that the family court commissioner can decide temporary issues of custody, placement, support and any other issues that are important between you and your wife. If no divorce action  has been filed yet by either one of you, your legal remedies are significantly reduced. There is no prohibition on removing the children from the state or more than 150 miles from where you are in that situation. However, if the removal occurs contemporaneous to the divorce filing, the court has the authority to order your wife to bring the children back to the state. If no divorce action is filed, and she is keeping the children from you, there is also not too much you can do other than filing a court action either for custody, divorce or legal separation so a court hearing can be scheduled to establish what your placement rights are going to be with the children.... Read More

The father's immigration status may not mean much in a court dispute over custody and placement. Find a good family law attorney, and consider filing, or reopening, a paternity case in which the court will determine child support, legal custody and placement of the child. His taking the child away from you would in all likelihood be a crime. But the fact that some act may be a crime does not necessarily deter someone from doing it. You would benefit from retaining a good lawyer. Good Luck.... Read More

No unless she has obtained a Protective Order against you. You need to retain a lawyer to fight for your rights as a Father. I never allow my female clients to behave that way which is why I mostly represent fathers and successfully help them get custody of their children, or if they don' want full custody-they get increased visitation with their children. You should know that the courts sometime punish mothers who unreasonably deny fathers their time with their children.... Read More

You are required to provide 60 days advance written notice of your intention to move your child(ren) out of state. In the notice you should inform the father details of your proposed move including when you are moving, where you are moving, including address and phone number and the reason for the proposed move. You are also required to provide him with notice of his right to object to your proposed move. It is a matter of legal debate whether the rest of the removal statute applies in paternity actions; it clearly applies when a couple have been divorced. If the father files some type of objection to the proposed move or a motion with the court to change placement, most courts will enter an order that you cannot move out of state until there is a hearing in court to determine if the court will allow the move. If you provide the appropriate legal notice to the father and if he fails to object within the statutory time line, you would be free to leave. However, keep in mind the court orders stand and if the father was given placement rights, you may also need to file a motion with the court to modify dad's placement schedule, otherwise you may be found in contempt of court for interfering with the father's placement schedule.... Read More

It sounds like your ex wife sure has made some poor choices in involving herself with this new boyfriend. A lot depends on when you were divorced; if within the last two years there is a higher standard required to modify the placement orders; you will need to show that the current  placement arrangement of your child(ren) puts them in some type of imminent physical or emotional harm. If after 2 years, the standard is less stringent, but there is a legal presumption that continuing the current placement arrangement is in the child(rens) best interest. You will still need to show that there is a fairly compelling and significant reason why placement should be changed. If your ex wife is living with this guy, I would think that would have a more significant impact on your chances of gaining placement, rather than a situation where she may he simply dating the guy. You can also consider filing a motion with the family court to request an order that your ex wife be ordered not to have her boyfriend around your chil(ren); that may be significantly less expensive, easier and the chances of success greater, than your pursuing a full blown post divorce custody battle. One can certainly appreciate your concerns as a father for wanting to protect your child(ren) from her boyfriend and being so upset with the choices she has made.  ... Read More

Who cares what it sounds like? Nobody likes to pay child support. Just like Justice**Learned Hand said about taxes - there is nothing wrong with doing everything you legally can to insure that you are paying the least amount of child support possible. In NC child support is calculated according to guidelines - hire and attorney to review your situation to make sure you are paying the bare minimum.... Read More

In order to gain the rights of a father, including knowing where the child is, you need to file a paternity action in court. Find a skilled family law attorney to assist you. It's not very hard. You will find yourself almost certainly paying child support and lying-in expenses. Good Luck.... Read More

Your situation sounds like a complete mess. On the unmarried issue - if you have a child and are named on the birth certificate you have to file a petition for a parenting plan and child support. If you're not on the birth certificate you will either have to file an affidavit of paternity (that puts you on the birth certificate) if it's not too late, or you have to have a DNA test or both of you have to attest to the fact that you are the biological father. The court may or may not accept the latter. None of this is a question of custody as such, it is a matter of getting a parenting plan which outlines when the child is with each parent and who has decision making authority over major decisions. As to the divorce - again custody is not the issue, a parenting plan is. Each parent will get some time with the child, same as above. How much time goes to each parent depends on a long list of criteria which the court must consider. If the mother has issues, or both of you do (see above situation) the court will appoint a guardian ad litem to make recommendations as to what kind of plan would be best for the children. I suggest you get a lawyer because your situation is quite complicated.... Read More

Custody is not the issue is WA, the parenting plan is. As part of the divorce a parenting plan has to be developed. A motion for temporary orders should be scheduled as soon as the case is filed so that you get time with the child. That is the time to raise the issues of the mother's mental health, set up at least temporary safeguards and get a guardian ad litem appointed. I suggest you get a lawyer who has dealt with this issue before.... Read More

Why not identify and then telephone the County office responsible for enforcing child support? They would know a lot better than a lawyer with no knowledge of your case. That said, I'd hazard a guess that the money being collected from your father is to repay the county for public assistance it paid to your mother or other relatives.... Read More

I think, in a situation like this, your son really needs a lawyer on his side. He might try community Justice inc. in Madison, or LAW. Giving up parental rights is not easy, because government wants to be sure that children have financial support. A lawyer can help. Even better is having someone who wants to adopt.... Read More