Wisconsin Child Custody Legal Questions

Your chances of getting the guardian ad litem removed from the case are not good; whenever a litigant in a custody battle gets a sense that the GAL is recommending against them, they immediately call for the removal of the GAL; notwithstanding your chances of success with getting the GAL thrown off the case, if you feel the guardian ad litem has acted unprofessionally, you can file a grievance with the office of lawyer regulation (OLR). I suggest waiting for your case to be completed prior to doing so; if you feel your complaint now,  the GAL will be extremely angry that you did so and most likely will completely recommend against you in your custody case.... Read More

You have asked a number of rather complex questions. First of all: retain an experienced family law attorney in your area. Such a person can review what must be a plethora of facts with you and chase down the details which could make a large difference. It is possible that your lawyer will find that the support ordered against the parents' will is reimbursement to a public agency for benefits which would be permitted in most cases whether you agreed or not. A presumption might have come into play here that a child born to a woman while she is married to a specific man is the child of that man. I expect the presumption can be rebutted by DNA testing. Find a good lawyer: this is likely more than a layperson can handle for him or herself. Good Luck.... Read More

Your message is a bit confusing; if you have joint custody, you have equal rights regarding decision making involving your children, including schooling and religion; if the other parent is putting the children in different schools and excluding you, they are in contempt and you need to file a motion with the court. If this is a Wisconsin case, you can't move out of state or move more than a 150 miles within the state from the other parent; your message doesn't indicate if all the cities they are moving to is out of state or within the state. If  you had  50/50 placement, did they file a motion to modify placement and was it granted or did they just move away? If so, how long ago did this happen and how far away did they move away? Why didn't you file a motion at that point to object or ask for a finding of contempt? I'm not being critical, I'm just asking questions. If they are violating your placement rights, file a motion to enforce physical placement.... Read More

It's a bit hard for meor anyone, I thinkto figure out why two people who are so young are terribly eager to have a baby very soon. I suppose one could guess that you are already pregnant, and want to get through the process without any parents getting angry at you. In any case, it sounds like there is a lot more to the background of this matter than you have written. In any case, your doctor should not tell your parents, unless you permit her or him to do so. (Since both of you are minors, there is some chance the doc will feel obliged to notify your parents.) But who will pay the costs of medical care and lying-in, not to speak of providing for the baby in terms of food, shelter, etc? This is no small matter, and neither one of you should sacrifice your schooling to this idea. If it is not too late, I would urge you to delay getting pregnant until both of you are at least a few years older. If there is some adult whom you trust, and whose judgment is good, talk to him or her. It could be a clergyperson, a teacher, a doctor, or anyone else of good will who can give you goodand matureadvice. Your parents are going to find out about it if you do become pregnant, or are pregnant now. So it may be bestafter you consult with some wise adultto tell them about your plans very soon. Or if you have become pregnant, to tell them as soon as can be. It's like ripping off the bandaid: you have to do it, and will hurt for a bit, but you can't keep it closed up forever.... Read More

First things first: Retain an experienced lawyer in your locality who has dealt with state commitments and juvenile matters. Were you given notice of the hearing which led to the commitment? Most states recognize your right to be present. If you got notice, did you attend? Did you object? Did you propose an alternative placement (perhaps with you)? Your lawyer might have a number of alternative modes of proceeding, which could include a motion to reconsider; an appeal (not often successful), a petition for custody, even a writ of habeas corpus. But you need professional assistance, and the sooner the better.... Read More

First things first: retain an experienced family law attorney in your locality. In an important matter it's almost always worth the cost. Your lawyer will likely suggest that you start a legal action in your own county VERY SOON. Presumably you will seek custody and primary placement. Your lawyer will also be able to talk to the police in the mother's state of residence and likely dial them down quite a lot.... Read More

Any agreement has to be approved by a court. However, doing something like this on your own without an attorney or court approval is a big problem, as you can now tell. You need to hire an attorney to talk about the best ways to get your children back with you. (No, just calling the cops is NOT a good idea).... Read More

This is a Wisconsin corner of the site, so I can only advise on Wisconsin law. In this state, you may not move with the child to another state, or more than 150 miles from the other parent, without either the consent of the other parent, or an order from the court. In this and many states, you have to give him a particular kind of formal notice, which must contain certain warnings and information at least 14 days before you depart (if the child is non-marital; 60 days if the child is born to a married couple.) He then has the opportunity to object, and the court must hold a hearing. The criteria for deciding whether or not the child may leave with the parent are rather extensive and wordy, but they basically come down to the best interest of the child. I strongly suggest you consult a skilled family law attorney as soon as you can. It is almost always worth the investment. Good Luck.... Read More

Generally, at age 16 you are not allowed out of the house without the parent's permission. I would like to know a little bit more about the circumstances, as if you are 16 and have already delivered a child it is possible that someone might seek to have criminal statutory rape charges brought against your boyfriend, if it was determined that you are having sexual intercourse with him under the age of 16.... Read More

In IL, a parent is always responsible for his/her children, at least financially, and cannot give up that (right) responsibility, at least, not without another party agreeing to step in and assume that responsibility (i.e. adoption) or in the case of legal neglect where the State gets involved.... Read More

I'm sorry for your troubles. I am the father of a daughter myself. First of all, the purported bio-dad must start a paternity action, in which he will have the right to order DNA tests. They may show he is not the father. Or they my show that he is. At that point there will be a potentially demanding court dispute over the best interests of the child. Since she has lived all her life with you (and her mother, I assume), there is some chance that the Court will decide not to disrupt her life by intruding a new 'father' into the situation. Even if the Court determine that bio-dad is the 'real' dad, the child's mother has a strong say in matters of custody and placement of the child, and will no doubt argue in favour of the present arrangement. A study is often done, and a guardian ad litem (a lawyer to represent the best interests of the child) typically appointed. Both the entity which does the study and the GAL will issue reports and recommendations concerning what is best for the child, and you and your wife, if you wish and if you can afford it, can have an independent evaluation performed. Consult a skilled family law attorney before the bio-dad takes any court action or otherwise as soon as possible afterward. It's almost always worth the investment. Good Luck.... Read More

Several thoughts: IF he filed a paternity case, then he could get a court order requiring you and the child to submit a DNA sample. But there has to be a court order and you should know about it beforehand. As to moving to another state, IF he is determined to be the father, and has any rights of placement or custody, you have to give him notice in a form, and within the time frame, set by the laws of your state. I expect that if he has not yet been determined to be the father, you need not give him the notice. I suggest you consult an experienced family law attorney in your locality. It's almost always worth the investment.... Read More

Depending on your state, you may or may not have to wait until the baby is born to start the process. Consult an experienced family law attorney in your area. He or she will know just what to do, and can save you a great deal of stress. Usually a guardianship is initiated by a petition to the State court in your county. Again, you lawyer can get the matter started as soon as permissible. Good Luck to all of you.... Read More

The procedure would depend on the state where the child now lives. It's best to retain a local lawyer, and it's almost always worth it. I expect your lawyer would advise you to start a paternity action, in which you would seek a determination that you are the father, and provision for the custody, placement and support of the child. In some states, you are entitled to have the court order DNA tests of yourself, the mother and the child.... Read More

I am not sure there are any specific forms for filing an "emergency motion" with the court. The larger question is what constitutes an "emergency?" In family law, alot of lay people think every think is an "emergency."  The courts are immune from pro se litigants and attorneys who argue they need an "immediate court date" to address an "emergency" on the case.  You are lucky to obtain a court date within 30 days of applying, in some cases, it can be several months to secure a court date. "Emergency" to me, means that  the child's physical health is endangered; a lesser concern, and much more difficult to prove, is the argument that the child's "emotional health' is endangered. My suggestion to you is if you really feel this is an emergency situation, is to file a request for an "ex parte" order of the court to transfer custody. Your motion or affidavit would have to be very specific as to what the emergency may be. The court would review it and if they believe that the emergency exists, may decide to decide to grant an interim "ex parte" order, transferring placement from one parent to the other, pending the next court hearing. Ex parte" is Latin for the court is only considering the merits of the motion based on on one party's argument or advocacy, without hearing the other side of the story. Courts very rarely grant such "ex parte" orders, but if you feel strongly that your child or children are endangered, it is certainly worth a try.  ... Read More

Why did the court do a reversal and place the child with dad instead of you? Your initial information indicated that you had primary placement and dad had supervised placement. Why did the initially order dad with supervised placement?  The court usually will only order supervised placement where there is a risk of harm, physically or emotionally to the child. From there, after you filed another motion to modify, for some unexplained reason, the court changed things and made dad primary and gave you supervised placement? what was the reason in court and what happened for the court to have done a reversal on you? what is the basis for ordering you to have supervised placement? The court is required to appoint a guardian ad litem (attorney) to advocate for your baby. Has that been done? Is the order designed to be a temporary interim order or is this order designed to be long term ("permanent.") I am not sure at the moment there is anything more you can do. The family courts hear the term "emergency" all the time, and they don't seem to think anything is an emergency. Was this a judge that issued the order or a family court commissioner? If the court commissioner issued the order, you have a right to appeal the order to the judge by filing an appropriate motion de novo. Such motion must be timely filed under the local court rule. The rule (time line) varies from county to county in Wisconsin.... Read More