QUESTION
My son is 7 years old. His father and I have joint custody and join placement. We share visits friday to fridays every week. His father lives with his
Asked on May 18th, 2016 on Child Custody - Wisconsin
More details to this question:
My son is 7 years old. His father and I have joint custody and join placement. We share visits friday to fridays every week. His father lives with his mother so he takes our son there on his vist days. His father is In jail for battery and domestic disturbance and domestic violence. His mother says i need to bring him to her for the week even though his dad is in jail. I think i should have him since im the only parent he has right now and its my responsibility as a mother to take him. She says im wrong... The visitation is not court ordered just word of mouth by his father and I. I know i should have my son not by his mom. She says "its still his visit week". How when he is in jail not there for our son. What can i do?
1 ANSWER
4 Awards
The placement time is meant for you and the father, not your parents and not the paternal grandparents. File a motion with the court to request that the placement schedule be modified as long as he remains incarcerated and that his placement be suspended until he is released. The grandparents would have a right to file a petition under Wisconsin's "grandparents statute," for visitation rights, but they are not affored placement rights under the current state of the law. Even with a request for visitation rights, the court has to consider your wishes as well as the father's over allowing third party visitation.
Answered on May 19th, 2016 at 7:51 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