QUESTION

I have legal custody and full primary placement but the father is objecting

Asked on Feb 20th, 2017 on Child Custody - Wisconsin
More details to this question:
There was a hearing about 6 months ago to establish child support that the father did not show up to, and previously signed the legal custody and full primary placement over to me a little less than a year ago. He has domestic abuse charges, possession of drugs charges, had to have supervised visitation years ago that was court ordered, a GAL was appointed years ago and sided with me. He's going to say I'm an unfit mother, because of my job. I did not have a choice in choosing the shift I work, and am working 3rd shift. I pay my parents for watching my kids on the nights I have to work. However, I have been there long enough that I can sign a position on a different shift and am going to get on 1st or 2nd shift so I can have my kids by my house all the time. I belive he is going to argue that I'm unfit. Do you think he has a case?
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
   The answer to your question in part, depends on where you are with your case. If there never has been a final custody and placement order, than it changes the playing field on what his chances might be or what he can argue in terms of either getting primary placement or shared or equal placement. If custody and placement are finalized, there is a two year law in Wisconsin that bars him from asking the court (or you) to modify custody and placement, unless it can be shown that the child is imminent harm. After two years from the final orders, the burden is less, but he would still need a substantial and compelling reason why he is asking to modify the existing court orders and there is a presumption that things should be left as is. The court will appoint a guaridan ad litem to advocate for your children's best interest, and given his history, no matter where you are in the court proceedings, in my opinion, his chances do not appear good. No one can offer you any guarantees or promises. It would be best to sit down with a family lawyer of your choice to discuss your case, what your respective chances might be, the cost of litigation and how long such a battle might take.
Answered on Feb 21st, 2017 at 5:20 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

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