Wisconsin Child Custody Legal Questions

Unless a court has made you the legal father, you have no rights until you file an action to make you the legal father. Which action depends on whether you are on the birth certificates or not. You can file and then get an emergency order to keep the kids here. If you don't file before they are in Hayward, you can still file and establish your rights but the court will not bring them back from Hayward.... Read More

If no case has ever been filed between the two of you, then there is no restriction on you moving anywhere you want. You have no indicated what states you lived in. Is Dad on the birth certificate? If he isn't , until he has legally been declared the father he has no rights. If he is, he has an equal right to custody of the child and he too could take the child, so be careful.... Read More

Attention all unmarried fathers. This can happen to you. The fact is: in Ohio, by statute, when parents are not married, the mother is both the residential parent and custodian of the child until a court rules differently. Until you get to court, you have no right to visitation, to authorize medical treatment for your child or even to call him on the phone. With 20/20 hindsight, what you should have done was sought mediation with the mother immediately after the birth of your son on issues of paternity, custody, parenting and support. Yes, you would have paid child support, but compared to the legal bill you are facing for an interstate custody war, child support is a pittance. You need a lawyer conversant with interstate custody issues. I can do this work or call the bar association for a referral. The information in the above answer may not be taken as legal advice and does not create a lawyer client relationship. It is intended for entertainment purposed only.... Read More

The family name given to the baby has no legal effect on custody. If both parents are minors, and are not married to one another, custody should be determined in a paternity action. If neither parent brings one (although they really should, for the protection of the baby), a County agency, such as Child Protective Services, might well do so. I strongly suggest you contact an experienced family lawyer. Or else, the County child welfare office. Good Luck.... Read More

Most often this happens as a result of a paternity determination and if one is pending, you can ask the judicial officer in charge if s/he takes care of the paperwork, or should you. Otherwise, call the Wis. Vital Statistics Office. They can probably tell you what procedural steps are needed.... Read More

Assuming this is a Wisconsin question, once a child reaches the age of 18 the Court loses jurisdiction over custody and placement. Child support, of course, may continue until she graduates high school or reaches the age of 19, whichever is sooner. But the most important thing is to read the divorce decree, and any agreements you made in the course of the divorce which were approved by the Court. The agreement(s) could expand the responsibilities of either or both parents. If you had a lawyer represent you in the divorce which is always a good idea double check with him or her. Good Luck.... Read More

If the marriage is truly over, he should find a lawyer and start a divorce action. If he is not certain that the marriage is over, he can still find a lawyer and start a legal action just for custody and placement. In addition, it sounds like these young people really need to confer with a skilled marriage counselor. Good Luck to you and them.... Read More

On the facts you stated, your husband probably loses, unless there are other changes in circumstances. Under the rules for 'serial' payors, first child gets 17% (usually); child from different mother born later gets 17% of what's left that is 17% of 83%. You would do well to consult a lawyer experienced in these matters. Good Luck.... Read More

I'm afraid you have not provided enough information for a lawyer to give you an informed response. First of all, is there a court order providing for any periods of placement for the father? If there is, then you should go to court and request a modification of the placement order to either reduce his time, or perhaps to permit only supervised visitation until the criminal charges are resolved. Courts are reluctant to cut off all placement between a parent and a child. If there is no court order now in effect, then you can make any reasonable rules or restrictions which are in the child's best interest. Good Luck.... Read More

There is not a lot you can do, since you most likely do not have standing to be heard in any court. If I understand your statement of the facts, it appears that the child is your sister's with a person other than the person who is going to be sentenced. All other things being equal, her fiance's being in jail or prison should not make a difference unless someone: the child's father, or Child Protective Services goes to court and tries to change the custody or placement arrangements based on alleged risk to the child from the fiance. Is the fiance's crime related in any way to mistreatment of children? Violence towards adults? In such a case, court action is more likely. Good Luck.... Read More

You don't say why her request for denied. Normally, you have to show a substantial change in circumstances before the court will entertain a request for a change in support.  Typically, getting a new job or a raise would constitute a change in circumstances. If you are making more money, or she is making less and you have a shared placement arrangement with the children, she might be able to make a showing of the substantial change.... Read More

Of course the decision in the end depends not on how you feel (you fear for your grandson's welling), but what the court determines to be in the best interests of the child. Have you adopted your stepson? That would give you the parental rights you would not otherwise have. There is a potential case for termination of parental rights building. That is not an easy thing to do, but it's not impossible. You should consult an experienced family lawyer. Good Luck.... Read More

For purposes of termination of parental rights (other than by mutual consent), the abandonment can be shown in about a dozen different ways. If the question is the most straightforward one, of leaving the child with anyone (including the other parent) for six months or more without any attempt to visit or communicate, that's the period of time necessary. But, in law there are generally details and exceptions, as there are in the abandonment statutes. For example, the 6-months period does not include any time the parent is prohibited from visiting or contacting the child by a court order. And the statute sets out various defenses. If you are considering petitioning for termination of parental rights of the other parent, I strongly suggest you contact an experienced family lawyer. Such people can make complex matters much simpler. Good Luck.... Read More

You can certainly file a stipulation with the court whereby you transfer placement of one of the children to the father and then hold open the child support.  You will need to get a court order to hold open the child support; otherwise, the support order will continue to run and the money will continue to be taken from the father's paycheck.... Read More

You don't say how old the children are or if they are in school.  If they are younger and not in school, and there is no order about placement, you can try.  Your husband would be able to file the divorce action in your county of residence, and he would be able to request that the children be returned to that county. Also, if you take the children and relocate, you will have to wait 30 days before you can file your divorce action. Finally, your taking the children from their father and their life that they know may not look good to any guardian ad litem that might be appointed in your case.... Read More

You would file a motion to change placement.  If there has never been an order regarding placement, then you will be asking for an initial placement order.  Depending upon the circumstances, the two parents will be sent to mediation, and if you are unable to reach an agreement in mediation, the court will appoint a guardian ad litem.  The guardian ad litem is an attorney who is appointed to represent the child(ren) and will make recommendations for the placement arrangement that is in the best interests of the child(ren).... Read More

Is there a court order making him the legal father? If not, call the police and go with them to get the baby. He has no right to it in the absence of a court order. Than be a grown up and go to court on a parentage action, making him a legal father with specified times/conditions when he can see the child and with an order of child support.... Read More