Wisconsin Family Legal Questions

It is a statutory requirement in the state of Wisconsin that if there is a  child support or family support order, that there must be an annual exchange of income tax information to verify incomes. If your ex spouse is refusing to comply, you can on your own, or with a lawyer, file a motion to find your ex spouse in contempt of court for failing to produce, and if their income reveals an increase was in order, seek the increase in support. You are well advised to send a letter first by certified mail that demands that they provide you the returns within 30 days; if they fail to comply, file your motion.... Read More

"Smacking" your kid in the the mouth that results in a visible injury or blood being drawn, in my opinion, could be construed as child abuse. Others may differ, but I believe child protective services would be concerned if called upon to investigate such an incident. Whether or not it serves as a basis for a child abuse restraining order or to modify custody and placement, that would be best served by contacting an experienced family lawyer to investigate. You also might want to document the incident by taking photographs of the child and or if serious enough of an injury, taking the child in to their pediatrician; the doctor, if they believe abuse occurred, is obligated to report the incident to the police and/or child protective services.... Read More

If your mother is still alive, generally a person with  a valid power of attorney does not need to provide an annual accounting of the handling of your mother's financial affairs. If your mother is mentally competent, she has the right to revoke the power of attorney at any time. If your mother is not mentally competent and you suspect wrongdoing on the part of the person handling your mother's financial affairs, it would be best to check with an estate attorney about what your rights may be with filing some type of a civil action against your sister to have her removed as the power of attorney over your mother, and instead, perhaps, to have a formal legal guardianship where the court would oversee the handling of the estate. If your mother is deceased and instead there is a pending probate with your sister acting as the personal representative of the estate, if a formal probate,  a final accounting has to be provided as part of the probate process. If you again suspect some type of financial wrongdoing on your sister's part as the personal representative of the estate, you would have the right to file some type of probate action to have her removed as personal representative for good cause. Again, it would make sense to consult with an experienced estate attorney on such issues.  ... Read More

Until such time as your ex boyfriend is legally established as being the biological father of the child in paternity court, he has no legal rights towards the child whatsoever, and it is on that basis that you would be able to leave the state of Wisconsin or move more than 150 miles from your current location, without his permission or consent. It would be common courtesy to provide your address and telephone number to him, if you have an honest belief that he really is the child's biological father. The birth certificate does not establish  paternity; the only two ways that paternity are established is either by a (1) voluntary acknowledgment of paternity that you both sign and gets filed with the State in Madison, WI or (2) by filing a paternity action in court and having DNA testing to show whether or not he is the child's biological father. If in fact, he has already been established legally as being the biological father (in one of the two ways listed above), you would be required to provide 60 days advance written notice to him and to the court of your intention to move out of state or more than 150 miles away from the current location of where he is, and you must inform him of his right to object to the removal. if in fact he does file a written objection , the court will not let you move on an interim basis, pending litigation to decide final placement issues.... Read More

From your question, it would appear that you have two issues that are facing you (1) attempting to get primary placement of your minor child and (2) requesting to move her out of state. I can only surmise from your fact situation that the mother has primary placement of your 11 year old child. You have the right to file a motion to request a placement change and to move the child out of state. If filed within 2 years from the initial custody orders, you would have to prove the child is in imminent physical or emotional danger to change her placement. If you are past 2 years, there is still a presumption that the current placement arrangement should remain as is, and while you don't have to prove "imminent harm," you still will need to show that there is a substantial and compelling reason for wanting to change her placement. Since you aren't married, only the "notice" provisions of the removal statute apply in your case. While some judges and lawyers may debate whether the entire removal statute applies in paternity cases, my view is that the statute is applicable only in divorce cases, but not paternity cases. You still however, even in a paternity case, are required to provide the statutory 60 day advance notice of your intention to move out of state with the minor child. If the other parent objects, you cannot move with the child, until ultimately the matter is dealt with in court. The removal statute is sec. 767.481 Wisconsin Statutes.... Read More

The answer to your question is yes; sec. 767.58  (1) of the Wisconsin Statutes, requires notification to the county child support agency of any change of address within 10 business days of the change; that is the legal part of things; you can also try checking on the Wisconsin court internet site (c-cap) for his last known address, wcca.wicourts.gov... Read More

If you have a valid power of attorney,  only the person who nominated you for this purpose is legally allowed to revoke it. If your son has brain damage and is not legally competent, he would not be able to revoke your current power of attorney papers  and or have been competent to have done a new power of attorney to appoint his daughter. It sounds like his daughter has arguably taken advantage of the situation and may have wrongfully taken his money and assets. You should carefully review your current power of attorney papers to see if you have  rights under the document to conduct legal matters for your son, including the commencement of a lawsuit in your son's behalf. I would suggest that you consult as soon as possible with an experienced estate lawyer to determine what rights you may have against your grandchild, who presumably is an adult.... Read More

You and your ex wife can certainly reach an agreement on support related issues as well as custody/placement for your daughter. However, for the agreement to be legally binding, it must be submitted to the court as a formal stipulation and order that the court would approve. The court also has the right to refuse to sign as an order, any agreements that the court would perceive as being unreasonable and/or contrary to the law. Informal agreements that you two reach out of court in a family law matter are simply unenforceable.    ... Read More

To get the judge to recuse himself you need to file a petition, usually for him to decide. THerefore, you should consult with your attorney before making such a move. As far as custody, you are a parent and at least under PA law, have preference (standing) over anyone else to obtain custody. You need to consult with a lcoal lawyer about filing a petition for custody. ... Read More

ask a local lawyer if WI has a statute on this. if not, it is probably common law, meaning the answer is found in case law. i think more important than time is notice. if MS is given actual notice (certiified mail, poste, etc.) with a warning that if she doenst pick up her crap by such and such a date, the crap will be destroyed, MR may be off the hook and not liable. ... Read More

If you do not name him or ask him to sign voluntarily to claim paternity, there is a 4 year statute of limitations for a private paternity action to be brought (by either you or him) to establish him as the legal father. However, if you accept and use state benefits at any time (even after 4 years) for your child, such as food stamps, Medicaid, etc., Nebraska Child Support Enforcement will likely open a case to obtain child support. If you eventually marry and your husband is willing to adopt and bio-father is willing to consent, that is the only way to forever cut out the father. Unfortunately, even if he is not a nice person, otherwise, bio-father will have rights to at least visitation and responsibility to pay support.... Read More

Please understand a person gets a court appointed attorney when one can lose their liberty (criminal case), but does not have the right to one when it is just a right they wish to pursue (custody, support or such.) So the answer is she has two attorneys for different matters for different reasons. If she cannot afford the attorney to pursue the matter at dispute between the two of you, she can pay the attorney and he can ask the court to order you to pay her back if the court determines you have the ability to pay and she has the need (like you are being difficult and needs the advice and representation. So be careful if you have the money to get ordered to pay that your position is a correct one based in law and the circumstances of the case.... Read More

She can try, but she has an uphill battle if the divorce has already been entered (or custody orders) wherein she already had it judicially determined that the child is his. And there's no guarantee the court would give her the child anyway, as your husband has good legal standing to maintain custody even if the child is not his. If the mother files anything in the court system, your husband will need an attorney to fight this.... Read More

In Nevada you have several. To decide which option is available to you given the circumstances and which option is best for you, you will want to speak to a knowledgeable attorney. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.... Read More