QUESTION

Do I have to listen to visitation rights?

Asked on May 18th, 2015 on Child Custody - Wisconsin
More details to this question:
Im 17 & a half. My parents have 50/50 placement over me and I dont wish to see my father anymore due to some choices he has made. But since I've been living with him for the past two years with no visitation to my mother. Do I still have the right to just live with my mom (Who lives with my grandma?
Report Abuse

1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
The wishes of a child on preference for placement are outlined in sec. 767.41 (5) 2. of the Wisconsin Statutes, which states, in part, "the wishes of the child, which may be communicated by the child or through the child's guardian ad litem or other appropriate professional."  This is also stated in the Guardian ad litem statute, sec. 767.401 (4), which reads, in part, "Unless the child otherwise requests, the guardian ad litem shall communicate to the court the wishes of the child as to the child's legal custody or physical placement under sec. 767.41 (5) (am) 2."  That is the legal side of things. Practically, whether the court will force you to live at your age, somewhere you do not want to live,  is largely dependent on who is hearing your case in court. Some judges and family court commissioners may feel that a child never gets to  decide where they want to live and others may feel at a mature age, such as 17, the court is not going to force the child to live with a parent if the child does not want to live there, or visit another parent, if there is some estrangement issues between the parent and child. At your age, one can only assume that if the matter were brought into court, the court would respect your personal wishes to live with your mother at this  point in your life.
Answered on May 19th, 2015 at 4:02 PM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters