Wisconsin Child Custody Legal Questions

The answer to your question is no; if you were granted joint custody, the other parent cannot make unilateral school choices. Joint custody means the right to have equal input over major decisions involving your child, including school, religion and health. If they make a unilateral choice over your objection, you will need to file a contempt motion against them as soon as possible.... Read More

It appears that you already know the answers to the important parts of your question. The paternity test showed him as the father (always stated as a percentage probability, but it must have been high), and you have been told that the child support order is $400 per month. As to his concealing this from you, that of course is something the two of you must work out.... Read More

While no one can offer you any guarantees or promises, I would say her chances are not very good to undo the current custodial/guardianship relationship. There is a reason, and assumingly a very good and compelling reason, why the children were taken from her in the first place and the fact that seven years have gone by and she resides out of state, makes her case to regain custody, all that more daunting.... Read More

If there is an underlying family law case, he can pursue trying to get custody back as part of the family law case. If there is no underlying case ever filed or the case is closed, and this is now in children's court, children's court has paramount jurisdiction v. family court and he will have to fight to get his child back as part of the children's court case. Has your brother legally been adjudicated as being the child's biological father if they wrent married? Also, depending on the allegations of abuse, he may need a criminal defense attorney to defend him against the allegations. I wrote a blog how making up false or trumped allegations of child abuse can result in the court taking the child away from the parent making false allegations. Go to www.karplawfirm.com and search family law blogs.  ... Read More

First, check the most recent judgment or order regarding placement. What rights does he have? Second, you might want to file a motion to modify that order in light of the changed circumstances (his abusiveness and threat). It's best to hire a lawyer for this kind of motion-lawyers know how to address the Court effectively, what evidence is needed, etc. Third, you could, on behalf of your child, file a Temporary Restraining Order and a Motion for Injunction. Many clerks of court will give you at least a little guidance in how to fill out the form. The main thing is that you want to show that you are in reasonable fear of real harm to yourself or your child.... Read More

In answer your question, you might want to go the State Department web site, to view the rules about traveling abroad with minor children. 1. You will need a sworn affidavit under oath from the other parent to allow the travel 2. A valid passport for the child as well as your own 3. The trial court will be insistent that the country you are traveling to is part of The Hague convention and a member country to assist in the event of international child kidnapping. The divorce trial court has authority to prohibit travel to countries with minor children where the court believes the child may be endangered or where the country traveled to is not part of The Hague Convention.        You also indicate you are going through a divorce and plan to remarry. You should be aware that if divorced in Wisconsin, there is a prohibition on getting remarried anywhere in the world for a period of 6 months and if you violate that law, your marriage would be null and void.  ... Read More

The answer to your question is that in Wisconsin, there is no  statutory provision or specific case law that addresses living conditions for minor children. The court would have to consider all the facts and circumstances in making a decision whether their current living arrangement is hazardous to your children's health and if so, to modify that parent's placement schedule to be more day time situated.... Read More

As a strictly legal matter, her parents cannot take away an adult child's child just because they think it's the right thing to do. However, they could try to win custody of the child through a court proceeding. The outcome depends upon many individual facts. She would benefit from consulting an experienced family lawyer. She will probably want to keep her baby and drop her husband.... Read More

Your great-niece is a lucky young woman to have you in her life. In some states, including Wisconsin, a properly drafted and executed POA is usually held to be enough for you to do most of what a parent could do. But it may be different in your state. You might want to consult an experienced family law attorney in your locality to be certain. One option he or she may suggest is going to court to seek a Guardianship over the girl.... Read More

where is the child's mother? Your granddaughter and you have no legal rights to this child. Where are the maternal or paternal grandparents for the child? the child should probably be in one of their care, pending the father being released from jail.  I don't beleive your granddaughter would be afforded placement of the child, over other immediate relatives. She may be afforded step parent visitation under the third party visitation statute. ... Read More

       You are obligated to follow the wishes of your parents, not your Auntie. You cannot move in with her if both of your parents object. If they agree, it is a different matter. Your Auntie would not be able to file a guardianship over you, over the objections of both your mother and father, unless it can be proven that both of them are unfit and incapable of taking care of you. Your post doesn't indicate where your father is.... Read More

Removal cases are complex and emotional for both parties. If you are already in the middle of litigation, you cannot move until the judge makes a decision on the case. Courts usually expedite such hearings based on the need and urgency to leave. Are you sure the court gave you a new hearing date to complete the case in 2017? I assume there is a guardian ad litem appointed to advocate for your children. Are they supportive of your proposed move? Without it, you will have a difficult time convincing had judge you should be allowed to move away. The answer to your question is to try to settle the case now so you don't have to wait for more trial time in court. Money usually works in cases like yours as a trade off for moving away. That means you will need to consider an adjustment in child support, or help pay for his travel expenses along with coming up with offering him extended placement here in Wisconsin during non- school time, to be allowed to move away. I understand that may be difficult for you to consider given some of the circumstances of your case.... Read More

if you properly had him served and he fails to show up for your final court hearing, the court can proceed with the divorce and grant your request for custody and other issues such as support and property division; if you did not properly serve him, the court may adjourn the hearing and require that you do serve him, so he has proper notice of the hearing.  The answer to your other question is yes; in Wisconsin you cannot move out of state or more than 150 miles within the state, without first providing him with 60 days advance written notice of your intention to move and providing a copy to the court. The notice must also advise him of his right to object within 15 days. If he objects, you cannot move until a court hearing is held to determine if the move should be allowed or not.... Read More

        Wisconsin's removal statute requires a parent requesting to remove minor children to provide 60 days advance written notice to the other parent with a copy to the court of their intention to move out of state or more than 150 miles within the state; you must provide the specifics of the proposed move and must inform the other parent of their right to object within 15 days of receiving the notice; if an objection is received, you cannot move until the court holds a hearing to determine whether the move should be allowed or not. Your case raises an interesting question and whether recent technology such as texting or e mail complies with the statutory requirement of being required to provide "written notice." I assume you did not comply with sending a copy to the court, which means arguably the method that you chose to provide notice of your intent to move, arguably has not comported to the statute's strict requirements.   .    ... Read More

If we are talking about a fetus conceived in Wisconsin, there is not much you can do until the child is born. Sadly, we all know that a certain number of pregnancies end in miscarriage, or planned abortion. So I do not think you need to notify the apparent biological father. Once the child is born, and very soon after that, I suggest you consult a lawyer in the state to which you are moving about its requirements. You probably should still be able to begin a paternity action, have the father ordered to pay child support, and provide for periods of temporary placement (formerly 'visitation') with him, if he wants it.... Read More

If the legal guardian agrees that your child can continue to stay with you, a legal stipulation and order could be drafted and submitted to the court; if they do not agree on letting her stay with you, you will need to file a formal motion in the state that issued the order to request that the guardianship be  terminated or otherwise modified to allow you legal placement of your child.... Read More