QUESTION
How can I get custody/visitation modified if my 7 year old son is scared to go to his dad's?
Asked on Jan 02nd, 2017 on Family Law - Wisconsin
More details to this question:
My son is 7 years old. He has struggled back and forth with wanting and not wanting to go with his dad for visitation. Usually, my son does not want to go. My son says he does not feel safe with his dad. My son comes home telling me that his dad spanks him often, has kicked him in the nuts, stomach, etc. When I question his dad, he just says it was an accident. My son also says his dad hides his toys on him and/or refuses to let him have his toys because he(dad) does not like them. When my son's dad has come to pick my son up, my son, on multiple occasions has gotten low on the ground and crawled downstairs and said "mommy, pretend we are not here so daddy will leave us alone" This has me very concerned. Please help me. What can I do protect my son?
1 ANSWER
4 Awards
A child's wishes is a factor under the Wisconsin's custody and placement statute, but there are many factors that the court must consider. Given the age of your child at 7 years old, I wouldn't think the child's wishes would carry very much weight in the courtroom. What is of concern though is yoyur reporting of the spanking and kicking your child in the stomach and nuts, etc. That is arguably child abuse. I don't know if there are any visible marks on your child, but if there are, you need to properly document that by either taking pictures of your son showing the abuse, or takiing the child to the pediatrician and pointing out what is going on. You may want to consider contacting child protective services if there are any visible signs of abuse on your son after returning from visits with his father.
Answered on Jan 03rd, 2017 at 7:09 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com