QUESTION
Stay at home dad accused of Domestic Violence. Now homeless and without income. What are my full rights with regards to seeing my children?
Asked on Jul 30th, 2015 on Divorce - Wisconsin
More details to this question:
I have been a stay at home father for 9 months before this started. I have a 1 yo, and a 4 yo. With my wife of 12 years. She has been the primary income for all 12 years. I help a job before that, but had reduced hours so that I could raise the children and avoid daycare financial burden. My wife indicated a few weeks ago that she wanted to leave me. This has been on on-going behavior ever since our first child was born. I woke up on a monday morning to find my children and wife gone, and the next day, a Domestic Violence Temp Restriction order was filed against me. I was evicted from my home, with little to nothing in my name. I have temporary shelter for homeless men, and have been able to retained a lawyer and filed for divorce. My wife has family in the vicinity, the ability to stay with them (they have a spare room). Pertaining to the question: Will I be able to go back to our home, and care for our children, or am I doomed to be victimized by the slanderous accusations?
1 ANSWER
4 Awards
In Wisconsin, there will be separate hearing in two weeks to determine whether the temporary restraining order should be turned into a 4 year injunction. You have the right to appear at that hearing and cross examine your wife, present your defense and even present other witness testimony to refute the allegations made against you by your wife. If a divorce action is filed by either of you, there will also routinely be a court hearing in the first 30 days of the filing of the divorce, the purpose of which is to set temporary court orders while you go through the divorce process. At the temporary hearing, the court will decide issues of custody, placement, visitation, child support, spousal support, use of the residence, cars, bank accounts, payment of debts and any other temporary issues that need to be resolved between you and your wife. Whether or not you will be placed back in the home is dependent on the outcome of the domestic abuse hearing. Domestic violence is a factor under the custody statute dealing with both custody (decision making) of the children as well as placement. I am sorry for your predicament. There are attorneys in the area who are not for profit who may be able to help you in the representation of your case if you otherwise cannot afford a private divorce lawyer.
Answered on Jul 30th, 2015 at 3:45 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