Wisconsin Child Custody Legal Questions

       You are assuming that your ex recovered text messges you sent from an old phone, but your ex may have them on their phone, if you sent them to your ex, or may have subpoenaed the phone records and acquired them that way. Your message isn't clear whether the text messages were sent to your ex or to some other third party, or what the content is of those messages, or further, what type of litigation you are currently linvovled in to make those messages even remotely relevant to the case. I know I am not specifically answering your question, but i would need more information about what is going on with your case to determine if the text messages are relevant, and less concerned if they are inadmisslbe to possiblt having been obtained illegally or without proper authoirty.... Read More

   The answer to your question in part, depends on where you are with your case. If there never has been a final custody and placement order, than it changes the playing field on what his chances might be or what he can argue in terms of either getting primary placement or shared or equal placement. If custody and placement are finalized, there is a two year law in Wisconsin that bars him from asking the court (or you) to modify custody and placement, unless it can be shown that the child is imminent harm. After two years from the final orders, the burden is less, but he would still need a substantial and compelling reason why he is asking to modify the existing court orders and there is a presumption that things should be left as is. The court will appoint a guaridan ad litem to advocate for your children's best interest, and given his history, no matter where you are in the court proceedings, in my opinion, his chances do not appear good. No one can offer you any guarantees or promises. It would be best to sit down with a family lawyer of your choice to discuss your case, what your respective chances might be, the cost of litigation and how long such a battle might take.... Read More

In theory, so long as there is no court order to the contrary, you could take your child with you to another state. But if at some point in the near future you should start a legal action against the father, for example for support, you may find that he will bring a motion to have the matter heard in the state where you live, and might will succeed. Consult an experienced family lawyer who has dealt with interstate matters.... Read More

If the child was born out of wedlock, in Wisconsin, first, he has to be establsihed as the biological father in a paterntiy case. I am going to assume that has been done. If not, he has no legal rights to the child whatsoever. If paternity is established I would need to know if there are any current custody or placement orders already in effect, which your post doesn't indiciate. The reason that is important is there ia bar in  Wisconsin that prevents a party from coming back into court for two years after the initial orders were entered to request a modification of custody or placement, unless the child in question is in immiment harm or danger. After the two years, the burden is less, but there is a presumption things should be left as is, and there still must be a substantial and compelling reason for the change, If these are initial orders being set, from your description of things, I would say his chances are not very good to get equal placement. How is he going to be able to take care of the child while he is away at work from 11 pm to 7 am in the morning? The schedule should be arranged in away that he has placement of the child on his off days from work to enable him to spend the most amount of time with the child on days that he is not working third shift. No one can offer you any guarantees or promises that if he pursues 50/50 placement that the court may not award him that, but from your limited fact pattern, I would say his chances are probably not good. You are well advised to find a family lawyer of your choice to find out what type of case they think you have, how long such a battle will take in court and what the cost may be to you.... Read More

You wouldneed to provide more facts to figure out what is going on here and how to help you. Were you married and divorced? if so, in what state and what were the custody orders from the divorce? if not married, and the child was born out of wedlock, was paterntiy established? Under WI law, a father would have no legal rights to the child until paterntiy was established and custodial orders put in place.        Under the Uniform child custody act, "home state" is determined where the children have resided during the last 6 months. The UCCJEA is designed specifically to avoid the very problem you describe you here, child kidnapping and interstate travel. You need to contact an expericned family lawyer immedaitely in the state where you are living to help you get your childen back. I would need to know if there are any previous court orders in place as to custody, and where those orders emante from, to determine if Mississippi or Missouri have jurisdiction under the UCCJEA.... Read More

While unconventional, it is your life, your marriage, your home, so if you both want to live together either during or after the divorce, most likely, the courts probably will not interfere with your choice. No one can offer you any guarantees or promises, but I am failing to understand why the court would interfere with your decision, barring some type of domestic violence that would be of concern to your respective safety.... Read More

If you have joint custody, the general answer would be no. Unless it is a medical emergency, you both should be  involved in selecting the doctors your child sees and be aware of all general visits and appointments to doctors and dentists. If your ex is making unilateral decisions about medical care for your child without your knowledge and consent and in fact, you have joint custody, you may need to file a contempt motion against him in court.... Read More

"Home state" is defined under the UCCJEA, where the children have resided over the last 6 months. If the children have been with their mother for 6 months in Michigan, in order for you to fight to get custody of the children, you would have to do it in a Michigan court room. If the children only recently left the state of Wisconsin and are now with the children in Michigan, Wisconsin would retain "home state" jurisdiction for 6 months after the point in time they lived here in the state of WI. That is the jurisdictional answer to your question.      If there is an underlying family law case, you can petition to have custody of the child, providing the court makes a finding that both parents are unfit or otherwise unable to take care of the child. If there is no underlying family court case, your remedies lie in children's court by filing a CHIPS petition or asking for legal guardianship in probate court. Again, both parents would have to be noticed of your request and have the right to object. If both are not unfit or otherwise unable to take care of the children, you will have a very difficult time pursing custody. You should consider sitting down and talking to an experienced family lawyer on what your chances might be, how long it is going to take, where you need to do it (Michigan or Wisconsin) and what the cost might be to pursue custody, before proceeding any further.... Read More

Whether a guardian ad litem should make a home visit, is in the discretion of the GAL. Unless there is an issue raised about someone's home being unsafe or uninhabitable for the children, most guardian ad litem's will not make a home visit and do not feel it is necessary. Further, even if the guardian ad litem decides to make a home visit, that becomes rather problematic in the courtroom, as the GAL does not testify during any contested court hearings and cannot  tell the judge what they observed. Many guardian ad litems for that reason, will bring a social worker with them who can be brought to court to testify on the condition of the home and why it may be unsafe for small children.... Read More

The answer is yes. If the parents are involved in an underlying family law case, the court has authority to grant custody to a third party under the custody statute, if there is a finding that both parents are unfit. If there is no underlying family court case, you could try filing a CHIPS petition on children's court or a petition for legal guardianship in probate court. Both parents would have to be noticed of the court proceedings, whichever forum you select and would have the right to object to make you the guardian and/or custodian of their child.... Read More

This is a frequently asked question and a phenomenon of getting into a one night stand or short term relationship with someone you barely know. Under Wisconsin law, if the child was born out of wedlock, he has no legal rights to the child whatsoever unless paternity is established; that can be done by both of you singing a voluntary acknowledgment of paternity and filing it with the state vital stats in Madison, or by either of you filing a formal paternity action in court. You can request DNA testing to prove whether he is the biological father. 9nce paternity is established in one of the two ways listed here, the court can hold what is referred to as a "terms hearing" for purposes of establishing custody and placement, child support, health insurance coverage and other important issues that will impact your child.         If you believe he is a risk to your child, you can request a court appointed guardian ad litem for the child and request restricted or supervised visitation.... Read More

Your son will first need to establish that he is the biological father of the child. Until that happens, he has no legal rights towards the child whatsover, under Wisconsin law. if the child was born out of wedlock, either he and the mother can enter into a voluntary acknowledgment of paternity and file in Madison, or either of them can file a formal paterntiy action in court. If a formal paterntiy action, either party can request DNA testing to definiteively show whether he is the biological father or not. If he is adjudicated as being the child's father, the court will hold a subsequent hearing, what is sometimes referred to as a "terms hearing," for purpoess of determining custody, placement, visitatio, child support, medical expenses, health insurance and other related finanicial issues affecting the child. You referred to the term "sole custody," but under Wisconsin law, there is a  presumption of joint custody.  "Custody" refers to decision making, not placement, and joint would mean each parent has equal rights on major decisions to be made for the child, such as health, education and religion. If your post means he wants the child to live primarily with him, that is probably going to be very difficult, unless he can show the mother is unfit and incapable of taking care of the child. There is also a law in Wisconsin that prohibits the removal of the child from the state, or more than 150 miltes within the state from the other parent.... Read More

She should be giving notice under the statute; however, you can file a motion asking that the court not allow her to move, that the boys need to stay here with your husband and in the school district. Most of the time, the court won't let her move them (or bring them back) until the court has had a GAL investigate the circumstances.... Read More

In response to your question, simply cross out the ference in the forms "in re the marriage of " and write in "in re the paternity of." Any standard motion papers, petition or affidavit should sufficie for filing your motion. Have you beenm adjudicated to be the child's father either in partnerity court or by both of you signing a voluntary acknowledgment of paternity? You can't establish custody and placement rights, until you are first determined to be the father. I also don't understand the comment about her terminating your parental rights. It is against public policy to do so, unless she is remarried adn her new husband would be invovled in a step-parent adoption. You can't just go to court to have the parentl rights of the other parent terminated.... Read More

All other things being equal, you should e able to get it. I'm sure you know there is a tx penalty you'd have to face. IF, however, there is a judgment against you for the back child support, an interception of the proceeds is far more likely. You might want to call the people who administer your 401(k) and ask them if such an interception or attachment can happen under their rules and policies.... Read More

In many states it is possible to use the fact that a parent has lost parental rights to one child, in whichever state, in support of a petition to terminate parental rights in a new state. However, there must be someone in a position-or 'with standing'-to bring an action in Court to deprive you of parental rights. And it's not usually easy. The best thing is do your best to stay away from the attention of law enforcement and from child protection agencies by following all the good parenting practices which loving parents utilize: love the child, be sure he or she has good medical care, supervision, proper nutrition and loving attention.... Read More

The cost of health insurnace is an expense over and above basic child support. The court is obligated to make sure the children are insured. One or both of you can be court ordered to provide the health insurance plan. The costs can be divided equally by both parties or set on a pro rata basis based on the percentage of time you both spend with the children. It can also be a factor under DCF guidelines as an offset on the amount of support paid.... Read More