QUESTION
Right over atep daughter that i sponsered to come here
Asked on Feb 11th, 2016 on Family Law - Wisconsin
More details to this question:
So I sponsored my husbands daughter to come here from Pakistan. A few months later after the paperwork was filed i found out that she is actually his brothers daughter and he signed over the rights (or birth certificate is forged). Well now she is here and she wants to live with her biological dad instead of me and my husband. My husband says to let her live there but I want her to live with us. I have all financial responsibility to her since I sponsored her. His brother took her and we got in a fight and I'm not allowed to their house. Is there anything I can legally do? Do I have any rights even though my husband who is legally her dad said for her to live over there?
1 ANSWER
4 Awards
The preference in the law is that children get placed with mom or dad before third parties, absent a showing that the parents are unfit. I don't think you have legal standing as a step-parent to have placement of the child, absent a CHIPS petition, (child in need of protective placement) and even than, they may look to other relatives or family members before you. I am sorry. but that is my take on the situation. There is a third party step parent statute in Wisconsin (the so called "grandparents visitation statute") that allows a third party to petition for visitation rights, but that statute doesn't involve custodial/placement rights.
Answered on Feb 12th, 2016 at 2:42 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