Wisconsin Child Custody Legal Questions

You already know this is a tough situation. On these facts, it appears her her lawyer was ineffective. IF your granddaughter agrees, you might consult another lawyer and seek to withdraw her plea. Of course you will alienate her mother and stepfather even more by doing so and it might be said that they are the only ones who can make the decision for her about whether to move to withdraw her plea or not. If she entered her plea in juvenile court, the record will not be available to the public anyway. And please remember that even much loved children sometimes lie for numerous reasons. Consult a criminal lawyer in your locality. He or she may have some additional ideas based on local practices in your county. Good Luck.... Read More

If this is a Wisconsin decree, you are required to provide advance 60 days notice of your intention to remove the children from the state or move more than 150 miles within the state from the other parent. You are required to provide that notice in writing, detailing the reason for the move and where you are moving to, and providing the other parent with notice that they have 15 days to file an objection with the court to object. You are also required to provide a copy to the court. If you feel you are not safe because of threats they have made or something they have done to you, you should also consider filing a petition for a domestic abuse restraining order to keep him from having any contact with you. If you provide proper statutory notice, and they object, you cannot move until a court hearing is held and the judge determines whether the move should be allowed or not.... Read More

Many county courthouses offer a limited free legal advice clinic on certain days of the week. Call the Brown County courthouse tomorrow and talk to someone with the clerk of courts or family court commissioner's office. They should be able to advise you if there is such a clinic in your county. If there is, I suggest you go there and they may have a list of pro bono lawyers or attorneys who charge diminshed rates to help you on your case, if you are truly indigent.... Read More

       If paternity isn't established in Wisconsin, the "bio dad" would have no legal rights whatsoever towards your child. Paternity is established by either both of you signing a voluntary acknowledgment of paternity or by filing a formal paternity action in court and presumably having DNA testing done. If paterntiy is established and you had a court hearing to determine custody and placement rights of the child, if he hasn't visited for over six years now, if I am understanding your post correctly, you might want to consider filing an action to terminate the  parental rights of the father. If your husband is willing do do so, you should also consider doing a step-parent adoption. In the absence of your legally doing those things, he could file a motion to request visitation rights. The fact that he hasn't visited in over six years would be a factor that the court would need to consider in weighing whether he should be allowed visitation rights at this point in time.... Read More

The placement time is meant for you and the father, not your parents and not the paternal grandparents. File a motion with the court to request that the placement schedule be modified as long as he remains incarcerated and that his placement be suspended until he is released. The grandparents would have a right to file a petition under Wisconsin's "grandparents statute," for visitation rights, but they are not affored placement rights under the current state of the law. Even with a request for visitation rights, the court has to consider your wishes as well as the father's over allowing third party visitation.... Read More

Your post doesn't indicate whether paternity has been established; without his doing so, he has no legal rights towards the child in any way. I just wrote a blog at our firm's web site under the family law category that discusses the law on this very issue; if under Wisconsin law, he was previously adjudicated to be the child's father, he would have the right to petition for visitation rights; you could argue that it is not in the child's best interest to do so; you can make the same argument if he first files for paternity now and advocate against DNA testing since the child was raised to believe that your current husband is the child's father. The court would have to determine if proceeding with paternity under those circumstances would be in the child's best interest; I wrote a blog about that very topic as well a few months back which you can read at our law firm's web site. You can also file a petition to terminate their parental rights, if your husband is willing to go along with you in a step-patent adoption of your child.... Read More

       Your sister can apply for a restraining order against her boyfriend, depending on the facts and circumstances involved, either for harassment or domestic abuse. The biological father would also have standing to file a motion with the court either to request custody of the minor child, or to file some type of an order against the mother to keep her boyfriend away from the child. In the meantime, since apparently child protective services has been called in, it would be best just to let them handle the investigation and presuambly make appropriate recommendations to the court if necessary, regading your nephew's placement.... Read More

       Under the law, any informal agreements that you two reach are not binding legally on the court. Before you start entering into agreements as to custody, placement or visitation, paternity needs to be established first. In Wisconsin, that can be done by both of you signing a voluntary acknowledgment of paternity or by one of you filing a formal paternity action in court. Once paternity is estalbished, the court will set what is referred to as a "terms hearing." At that hearing, the court will make orders as to custody, placement, child support, health insurance, medical expenses, birthing expenses, and any other financial orders involving the child. It is at that point, that you and the mother can negotiate and enter into a formal stipulation and order that can be approved by the court, instead of proceeding with the court hearing. If she plans to stay in Wisconsin and you plan to move to Palm Springs, that requires some careful thought as the baby cannot travel alone; that will require one of you traveling with the baby back and forth from Milwaukee to Palm Springs. There is no direct flight by the way, as I have made that trip on several occasions; you will need to change plans, usually in Phoenix for the connectintg flight to Palm Springs. Who pays for the airline tickets? How many times a year will the baby be traveling? How long will the baby be away from the mother? These are all things you and the mother need to discuss, among other issues.... Read More

Your message is a bit confusing. Are you all currently living in Pakistan? If so, you need to confer with a family lawyer in the country you are living. I could  only answer your question in terms of Wisconsin law. Under Wisconsin law, the custody law favors both parents having significant and substantial periods of placement with the child. It is rare where the court would award primary placement to only one parent and make the other parent a visiting parent, like every other weekend. There is also a law that prohibits the removal of the child from the state. You cannot move out of state or more than 150 miles within the state from the other parent, without providing advance 60 days written notice of the intention to leave the state, and you must also provide notice to the other parent that they have the right to object within 15 days. If an objeciton is filed, you cannot move away without a court order. It is impossible for me to advise you on what the laws may be on divorce, custody or removal in the country you are currently residing in.... Read More

According to your post, the father was found in contempt of court for non payment of child support. Whether brought by the state or by you personally, you won your case against him. The court imposed a jail sentence on him unless he pays. Your post didn't indicate the due date. The amount due according to your post to avoid jail is 50% of what is owed to you as of August 2015. If the arrears are $20,000 by example, he would need to pay you $10,000 to avoid going to jail. ... Read More

One possibility is to commence a paternity case immediately. That does not commit him to admit he is the father, but does permit the court to order a DNA test of mother, father and baby. Also a conversation with the insurer, asking for an extension of time to add the child to his medical insurance would be a very good idea since the testing might take longer, and it's far better for the insurer to pay what must be very large bills. Good Luck.... Read More

Of course the situation you describe is not the habeas corpus as such. Your friend might be helped by eight ridge of habeas corpus. But there are faster ways to get him out. He should retain a skilled family law attorney, and have him or her notify both the judge and also who ever issued the warrant, that you are free and is in jail illegally. It is likely that he will be released promptly. But a lawyer is generally more effective. Good luck.... Read More

Custody under Wisconsin law means "decision making." There are two types of custody, (1) "Sole custody" this means one parent makes all the major decisions involving the minor child without any input or say so from the other parent. (2) "joint custody" - both parents have equal say so and input involving major decisions involving the child's upbringing, including, health, education,  and religion. The law is presumptively joint and has been that way since 1987. Assuming you are referrig to placement of the child, for you to prevail in obtaining primary placement over the mother, you would most likely have to show that she is an "unfit parent." This means she has alcohol issues, drug problems, is a criminal, has serious and documented mental health issues, has been charged with neglect or abuse of a child, or has domestic violence charges against her. The law does not favor one party placement. The law since May of 2000 requires the court to set up a schedule that allows both parents "significant and substantial periods of placement" with the children. This usually equates into either shared or equal placement. You should consider sitting down with an experienced family lawyer to determine what your chances may be under the facts of your case, the likelihood of success, and the increased expense of going through a custody battle over your child. Fathers have equal rights to children just as much as mothers do. While the laws may have been slanted in the past in favor of placing children with women over men, at least in Wisconsin, there  has been an even playing field since May 2000, under most circumstances.... Read More

Your question makes no sense. If the court took away custody permanently you can't reestablish it. If the court set conditions before you can see the kids, you have to show the court you met the conditions. If you simply haven't seen the kids and left them with a 3rd party, custody is not impacted and you have a right to the kids unless the 3rd party has filed something.... Read More

In answer to your question, let's start with the law first, instead of the facts or procedures you are asking about. In  Wisconsin, if the motion is filed within 2 years from the date of your initial custody and placement orders, she would need to show that your children are in imminent physical or emotional danger to convince the court that the equal placement arrangement should be modified. It is an extreme high burden to meet and one that I see very rarely in my own practice. After the initial two years, either party may petition to modify the custody and placement orders. However, while the burden is reduced from the first two years, it still remains difficult and one must show that there has been a significant and substantial change to convince the court to modify the original orders. There is also a presumption under the law that placement and custody should be left "as is."  She bears the burden of overcoming this legal presumption, which is not easy to do.        I am sorry to hear your middle child is having difficulties, but your child could be having problems for many different reasons, none of which have to do the with the current placement arrangement. Perhaps, rather than a custody fight, you two are better advised to hire an experienced family therapist to provide counseling to your child to figure out what the problems are and where they are coming from. If the therapist thinks it is appropriate to modify the placement arrangement, that is something you both could consider, as I am sure you both want what is best for your son. In terms of reading a lengthy statement in court, that is ill advised. The court is probably not going to allow you to do that, mostly because courts are very busy and you may have as  little as 30 minutes allocated for your first court hearing. They will not let you read a lengthy statement, particuarly, if that doesn't address the issue or problem at hand.  If your ex spouse has a lawyer, you are well advised to hire a lawyer as well to fight for you in court. You are too close and emotional to the situation so you should have an attorney help you.  The court also routinely will make no orders to modify placement until you first have mediated the case. If mediation fails, the court will appoint a  guardian ad Litem, (attorney) that will meet you, your ex, the children and talk to collateral sources. They will advocate for the best interests of your minor children and make recommendations to the court on what they feel is best and whether the schedule should remain as is, or be modified to award your ex wife primary placement. She bears the burden of proof and it is going to be a difficult uphill battle for her. No one can promise or guarantee you the outcome, but to protect yourself and to avoid your geting too emotional about things, you should seriously consider hiring a lawyer to help you with the case.... Read More

There is a phone number for the Wis. prison system (through the Department of Corrections) that will tell you where a prisoner is incarcerated. Once you find that out, call the prison and ask to speak to his social worker. You can arrange a telephone call through the worker. The inmate can probably then authorize a visit with him in which you can hand him the paper to sign. All prisons are likely to have at least one notary. You might be able to do this by mail also. I am not certain if every court will authorize a termination of parental rights simply based on a sworn statement, but it could happen. It would help to find a skilled lawyer to advise and represent you. Good Luck.... Read More

The answer to your question depends on the orders of the court. If the court ordered supervised placement and  in addition ordered that no other persons be present besides the dad, the supervisor and the child, the girlfriend has no business being there. If on the other hand, the order is silent on the subject, while you may disapprove it from an emotional standpoint, the father is not necessarily in violation of the court orders by bringing his girlfriend with him. If you believe the girlfriend poses a physical or emotional threat to your child, file a motion with the court to ask for an order that prohibits the girlfriend from being present during dad's periods of placement.... Read More

Taxpayers who have one or more qualifying children that they may claim as dependents, may be entitled to a child tax credit of $1,000 per child. The credit is allowed only for tax years consisting of 12 months. The credit is calculated using a worksheet that is provided with the instructions to the I.R.S. form 1040. The definition of "qualifying child" for purposes of the child tax credit is the same as that for claiming the tax dependency exemption, provided however, that the child cannot have attained the age of 17 by the end of the year.... Read More

There is a Wisconsin third party visitation statute ( the so called "grandparents visitation statute), that allows a grandparent to petition the court to request visitation time with their grandchildren. It would be best for you to talk to an experienced family lawyer to see if you have the right under the statute to petition for visitation rights.... Read More