Asked on May 22nd, 2017 on Child Custody - Wisconsin
More details to this question:
I was with the father of my children for 11 years, however, we never married. Today he told me he filed an Emergency Temporary Custody Order. What does this mean for me?
If you were never married, he has no legal rights to the children until paternity is established and the court sets orders on custody. Under Wisconsin law you have sole custody. If paternity is established and he has previously been to court where custody orders were put in place, he would have the right to request a custody change. If the orders were entered within the last 2 yerrs, you can't petition to modify custody or placement uiless there is a showing that the children are in imminent physical or emotional danger. Lay people throw around the term "emergency" alot in family law matters, but unless it is a life and death situation, notnhing in family court is "an emergency." It is difficult for me to answer your question without having more facts or details on what is going on with you both. Just because he "threatens" something, doesn't mean he is actually going to do something. If and when you get served with legal papers to show up in court, that would be the time to call an attorney and discuss your case.
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