QUESTION
how do I get sole & legal custody of my son when his father is incarcerated? he has primary placement.
Asked on Nov 02nd, 2013 on Family Law - Wisconsin
More details to this question:
I already filed order to show cause in WI. They set hearing, but the commissoner used to be an attorney and represented my childs father in 2005. Conflict of interest for sure. How do I go about getting him to recuse himself from the hearing before it? I live 800 miles away. We have joint legal custody, but he has primary placement. His father is in not getting out of jail until jan 22, 2014. My son is not in the care of immediate family, which I just found out today. His grandmother told me she was staying with my son, but turns out my sons fathers girlfriend of 4months is. I don't approve of any of this. My son needs stability which he is not getting there.
1 ANSWER
3 Awards
To get the judge to recuse himself you need to file a petition, usually for him to decide. THerefore, you should consult with your attorney before making such a move. As far as custody, you are a parent and at least under PA law, have preference (standing) over anyone else to obtain custody. You need to consult with a lcoal lawyer about filing a petition for custody.
Answered on Nov 03rd, 2013 at 5:35 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900