Wisconsin Child Custody Legal Questions

Under Wisconsin law, a child under 18 does not get to decide where they want to live or how much time they want to spend with the other parent; the wishes of the child is a factor for the court to consider, among many factors for placement under the custody statute. I wrote a blog about this very topic at our firm's web site. As children reach the age of majority, most courts will take the position that the wishes of the child should be honored; teenagers tend to want to live with the parent they perceive will give them the most amount of their freedom and shy away from the parent who is strict and rigid in their household rules.... Read More

If you can't work something out, that it's back to court in most instances. In Wisconsin, the 2-year 'truce' period applies only to 'substantial' modifications. You might be able to say that what you are proposing is not so substantial, especially if you can offer her replacement time for what he is losing.... Read More

If he files at the court for visitation, you will have to explain your side and why you don't believe it would be in the child's best interest to have any visitation with his father. That will be difficult, as usually the courts want children to see both parents (at least sometimes) unless the child would really be in danger while visiting with their other parent.... Read More

First things first: you have many questions, and the answers to some of them are heavily dependent on numerous specific facts meaning YOU MUST CONSULT A SKILLED FAMILY LAW ATTORNEY IN YOUR LOCALITY. And soon. His behaviour at this point would argue against his suitability as a parent. A lawyer might advise you simply to take no steps to establish paternity. Since you don't want child support, you may not need any kind of order relating to paternity, and if you commence such an action, he may ask for substantial placement time with the child. Let him figure it out himself. In general, if there is no other determination, you will have sole custody and placement. If he wants something different, let him go to court, and be faced with descriptions of what kind of bad character he is.... Read More

Were you married to the father and divorced or was this a paternity case? There is a matter of legitimate legal debate in Wisconsin whether "the removal statute" applies only in divorce cases, or in paternity cases as well. The prevailing position seems to be that only the "notice" provisions of the statute apply to a couple where they were not previously married. Either way, if you plan to move out of state or more than 150 miles away within the state, you must provide 60 days advance written notice by certified mail to the father and to the court of your intention to move out of state; the 60 day advance notice should include the reason for the proposed move, where you are moving to, the proposed move date, that the move is intended to be permanent, and most importantly, that it mist provide notice to the father of his right to object in writing within 15 days after receipt of the notice. I also suggest you add a provision detailing what your plan would be to allow the father alternative visitation, including travel costs, but this is not currently mandated by the statute. If the dad files a written objection within 15 days, you will not be allowed to move until there is a court hearing to deal with the appropriateness of the proposed move. The statute seems to suggest that the person objecting to the move has the burden of proof to convince the court why the move should be blocked. If the father offers no written objection within 15 days, you are free to move. Most of your post is argument as to why you should be allowed to move; certainly if true, that the father  has had minimal or no contact with the child for over three years, that would be a significant factor in the court's decision. However, the court may also consider your relationship with your boyfriend to he "too casual" and that may be a factor against the proposed move; boyfriends come and go. If your relationship were more formal such as being engaged or married, it probably would carry more weight in the courtroom, should the matter become contested. Further, if you were to marry, and the father were to continue his pattern of no contact for extended periods of time, you may have cause to do an involuntary termination of his parental rights and allow your new husband to do a step parent adoption of your child, if you thought that was in your child's best interest.  ... Read More

This can be hard. Obviously you are doing all the things a mother should, and more. But step-parents do not automatically have much in the way of rights of access to their step-children. In some states, like Wisconsin, a person who has a 'quasi-parental' relationship with a child can petition the circuit court (family branch) for visitation rights. Courts have not always been receptive to such petitions, not wanting to interfere with the natural parent's rights. But if further efforts to win over the mother do not succeed (and it's worth trying), the consult a capable family law attorney in your area. Often they can help.... Read More

You would have to look at the court orders which granted you custody to see if there is any limitation based on the passage of time or the father's release from incarceration. If you feel that his resuming custody would be a serious danger to the child, you can go to court to seek one or another remedy which would protect them from him. Consult a capable family law attorney. They will know the local rules and practices, and how best to assemble and present them to a court. Good Luck to you and your grandchild.... Read More

You would be well-advised to consult a capable family law attorney a.s.a.p. What he or she will likely advise you is to seek an immediate, emergency, ex parte order terminating placement with the other parent until a full hearing can be held. Lawyers know procedure, and they often also know how to find the proof to sustain such a powerful accusation. Good Luck.... Read More

If you are the child's step-father, you don't have much standing to enforce a court order regarding contact. On the other hand, if the court has awarded you some contact, and didn't take into account your status, well and good. Or else I misunderstood and you are the child's father. There is not much you can do except go back to court again. Guardians ad litem vary very much in their degree of insight into the dynamics of the situations they look at but some are quite good, and can see through the 'parental alienation' which is apparently taking place. Find a good family law attorney, and discuss with him yet one more contempt motion, and requesting a GAL.... Read More

First things first: she should consult an experienced matrimonial lawyer. The lawyer will likely suggest that she maintain a daily chronology of everything noteworthy in the child's life, and also each thing done by each parent and other significant persons in the child's life which reflects favorably or adversely on each parent's parenting practices and skills or lack of them.... Read More

What does their paperwork say? If there are no provisions, then yes she can but as a good parent she should be giving notice of where they are going and how they can be reached. Attorney Tajara Dommershausen Petit & Dommershausen, SC 1650 Midway Road Menasha, WI 54952 Office 920-739-9900 Fax 920-739-9909 www.pdlawoffice.com Although we utilize the convenience of email and facsimile transmissions, should you wish to correspond with Petit & Dommershausen in this fashion, please be advised that this does not warrant an automatic reply/response on our part. We will address your concerns in the course of normal business operations, usually within 24-48 hours of receipt. If this e-mail is to a client the information contained in this message is legally privileged and confidential information intended only for the use of the individual or entity named above. When corresponding via electronic mail, you should only use your personal email account. Your employer has complete ownership of your corporate email account and computer. If you use your corporate email account, there maybe NO attorney - client privilege. If this is to a potential client, be aware that this email does not create an attorney-client relationship, nor is the email intend to give specific legal advice. Any communication by email does not make you a client of our firm, until we agree to represent you. Before that time any information we receive is not confidential or privileged. Before we can agree to represent you, we must take you through our conflict of interest procedure and determine if we are the best attorneys to handle your matter. If you proceed with an email, you confirm that you have read and understood this notice. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is strictly prohibited. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format.... Read More

You certainly can ask the court. To modify the divorce judgement to provide for a subsidy for you to spend time with your child Whether the court will agree or not is unknown. It would depend upon your earnings and your former wife's earnings, and probably other matters as well. Consult an experienced matrimonial lawyer. Good Luck.... Read More