Asked on Dec 09th, 2015 on Child Custody - Wisconsin
More details to this question:
Hello, I.am asking this question because i am in bad situation. The story is that me and the father of my children been together for 11 years, now going through separation and i would like to k ow what are my rghts. He said if i can sign the full custody to him he will help me and give plenty of visitation if i dont agree he said he will do everything to bring me down He took my portion of savings and relocated them somewhere i cant find, i think he gave it to someone to hold so now i am really stuck, no money no housing I would like to know what the person in my position shud do ?
I am sorry to hear of your current situation. Are you married and going through a separation, or are you just boyfriend and girlfriend and have been living together for 11 years? The laws pertaining to property rights and spousal support will vary depending on your martial status. If you have not been married for the 11 years, chapter 767 as to presumed 50/50 property division and spousal supoprt do not apply. Instead, equitable principles apply. The court can divide up any property or debts you have acquired in the 11 years in an equitable manner, but it may not be 50/50. If you are married, than presumptively 50/50 property division applies, and in addition to child support for your child, you may also be entitled to spousal support, depending on the facts of your case and what your respective financial situation may be.
In regard to yuor child, if you are not married, the father has no rights to the child whatsoever unless he has been adjudicated to be the child's father in a paternity case or by filing an acknowledgment of paternity that was signed by both of you (usually at the birth of the child.) Even if the voluntary acknowledgment had been properly signed and filed with the state, until he goes to court to establish his custodial rights to the child, you stilll would have full custody of the child and he would have no rights unless those rights were established in court at a "terms hearing."
If you are married, he has a much rights to the child as you do. One of you will have to file for divorce or legal separation, and at an initial family court hearing before the court commisisoner, they will establish by court order your respective rights of placement and visitaiton for the child. The court will also deal with the hidden money he has taken from you.
I am not sure what leverage the father has against you that has you worried. The focus of the law in this state since May 2000, has been for parents to have shared and/or equal placement of a child. Unless you are an "unfit parent," such as drug abuse, criminal problems, alcohol abuse, child neglect, child abuse, mental health problems or other factors that impair your ability to take care of your child, it is highly doubtul that the court would take the child away from you and place the child only with the father.
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