QUESTION

Where can I find family court forms for couples who were never married.

Asked on Nov 15th, 2016 on Child Custody - Wisconsin
More details to this question:
My ex and I have a three year old son. Our case is in Brown County, WI. I currently reside in Kenosha county, WI. She has taken me to court to obtain sole custody and wishes to terminate my parental rights. I used to see my son every weekend. After entering into a new relationship, my parenting time became less and less. Recently she told me she will not allow me to see our son until the courts decide. I found under WI state statute 767.225 I can request a temporary placement order during pendancey. Unfortunately, all of the forms state "RE in the marriage of." we were never married, but were engaged for some time before she broke off the engagement do to already having another partner. Where might I find simular forms for unmarried persons who are going through a custody disagreement? Do such forms exsist in WI? Can I just use the ones meant for divorce/legal seperation? Trying my best to be an active part of my childs life.
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
In response to your question, simply cross out the ference in the forms "in re the marriage of " and write in "in re the paternity of." Any standard motion papers, petition or affidavit should sufficie for filing your motion. Have you beenm adjudicated to be the child's father either in partnerity court or by both of you signing a voluntary acknowledgment of paternity? You can't establish custody and placement rights, until you are first determined to be the father. I also don't understand the comment about her terminating your parental rights. It is against public policy to do so, unless she is remarried adn her new husband would be invovled in a step-parent adoption. You can't just go to court to have the parentl rights of the other parent terminated.
Answered on Nov 16th, 2016 at 9:34 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

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