Wisconsin Family Legal Questions

1. You can petition for visitation rights to your grandchildren under Wisconsin's so called "grandparents visitation" statute. Your schedule for visitation would be independent of your son's right to placement of the children. 2. On the second issue, you don't offer any facts or evidence to indicate what the mother's case is built around. Just because "she wants FULL custody," doesn't mean she gets full custody. The laws in Wisconsin are pretty strict when it comes to petitioning to modify placement or custody post judgment. She must prove that there has been a substantial change in circumstances and must overcome the legal presumption that things should be left as is. You indicate they were divorced for a couple of years, but it is important to know exactly when they were divorced, as there is also a law that withiin the first two years from the divorce, neither party can petition the court to modify custody or placement, unless there is a showing that the children are in imminent harm.... Read More

You can hire a lawyer to draft a QDRO, but most family lawyers use outside companies to employ to draft the documents. In milwaukee, try Divorce financial services or Delphi Consultants in Pott Washington. The cost is around $300-$600 and usually each party pays half. It has to be paid up front in full, before they will draft.... Read More

When was your daughter’s fcc hearing? She may want to consider filing a motion de novo to request a new hearing before the trial judge. Every county has their own rule on the time line to appeal. Your daughter may want to consider hiring an attorney so that formal request can be made for  the dad’s  financial information, check stubs and tax returns. I agree that your daughter should have an address where the dad is living at if he is going to have overnight placement with the child. I would ask to see a copy of the actual court order from the hearing and to check the information listed about the case (and possibly his address) at the Wisconsin circuit court access site. It is hard for me to believe that the court commissioner wouldn’t have been insistent on requiring the dad to provide both his financial information to the court and a current address where he is residing at.... Read More

While no one can promise or predcit the outcome of a custody case, it seems to me, going from 12 hours a week, to week on week off, is a monumental leap for him to make. The presumption is everything should be left as is, under WI law. He must show a substantial change of circumstances since the last court orders to modify custody and placement. I also have never seen in my practice the court order week on week off placement. The parties can agree to it and make it a court order, but if up to the court, I  would be suprised that they would order such a placement schedule.... Read More

What are the ages of the two children (your step son and your daughter)? Assuming that your husband has placement of his step son, or visitation rights, I think it would be wise not to have the step son and your daughter together at the same time, at least until the investigation is completed to determine what, if anything happened between them. The answer to your question is yes; if the court has a concern that your daughter is at risk in your home because of the step son, the court would have the right to modify the placement schedule or restrict your placement with your daughter to periods of time and places where the child woould be protected and without the step son present.... Read More

While no one can offer you any guarantees or promises, given the history of you have posted, I doubt that the mother would be allowed equal placement of the child. She may be afforded some type of limited visitation or placement, that could be court ordered supervised for the protection of the child. If there is an issue as to placement, the court willl appoint a guardian ad litem and make recommendations to the court about her visitation. The GAL would interview both parties and if the child is age appropriate, the child(ren) as well. Custody refers to decision making. I assume you meant placement by your question posed. ... Read More

You have two hurtles to get by: (1) convincing the court you should have primary placement of the child and (2) convincing the court you should be allowed to remove her out of the state and relocate to Texas. You will need to file a motion with the court (here in Wisconsin, presumably) to make those requests. If there are custody orders entered  previously in Wisconsin, under the Uniform child custody act (UCCJEA), Wisconsin has "exclusive continuing jurisdcition" for custody purposes as long as the mother and child remain in the state here.  ... Read More

Hey Kathy, Grandparents do have rights and your case is preety simple. Even though they can go to court for their rights, they can not take away the children from you or your husband at this time. They can get Visitation, which is the same as what many people do without court. Having grandparents baby sit them or sending kids over to weekends so parents can have quality time together. This is something you can do on your own because of its simplicity. If you do decide to get a lawyer, they might charge anywhere from $2,500 to $4,000. Representing yourself with help of a legal specialist doing the paperwork and walking you through the process as a Pro Se may be an option. If you think you can represent yourself in court you can save 50% of the above price by utilizing our document preparation service and etc. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

One would need more facts to answer your question, so I can only answer it generally. Under Wisconsin law, when getting a divorce, all property, whether acquired before or during the marriage, it is presumed to be divided equally at the time of the divorce. The only property that is exempt is property acquired by gift or inheritance from a third party. If your wife can show that she acquired this money from her family by way of gift or inheritance, and kept it separate and distinct from the marital estate, it would be exempt from property division. The only exception would be if she commingled the separate asset into the marital estate or if you can show it would create a hardship not to divide the separate asset.... Read More

Under Wisconsin law, when going through a divorce, all property, whether acquired before or during the marriage is subject to equal property division. The only property that is exempt is property acquired from a third party by way of gift or inheritance. It appears in your case that your spouse inherited money of some sort, and deposited into a joint marital account. By doing so, it is presumed that  they changed the character of the exempt asset, and by doing so, arguably it is now become marital property. They would have to explain why they deposited into a  a joint account instead of a separate account and what the time line was from making the deposit to when the money was taken out again. If they argue it was simply a matter of convenience to do so that way, and  the money within a very short time frame was taken out again, it is possible the trial judge might consider their intent and the tracing of the asset as factors to keep it separate from the marital estate. If on the other hand, the money sat in the account for months on end or any of it was used for marital purposes, it becomes a much more difficult argument for them to make. The other part of your post that is confusing is that the money is now apparently out of the account and reinvested with your in laws. Who did they inherit the money from, and why did your spouse give the money to your in laws? Also your post doesn't indicate whether you are in an intact family or may be going through a divorce. My answer to your question and post is in the context of a divorce only, under Wisconsin law.... Read More

It is possible to go after child support if there has been a significant change in circumstances or the financial situation of either parent. We can certainly try to help you evaluate your options. We are based in New York but do travel to different states. Feel free to give us a call or text for a free 15-minute consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read More

Totally agree with the Wisconsin attorney regarding suing court officials. But if you want to raise a voice against the system an administrative attorney can be most likely to help you and it would not be cheap but if you can turn the system around and make it better from what you say it is now than a lot of mothers will thank and appreciate your drive and determination for changing the things around. As far as your family law matter is concerned please contact an attorney or specifically feel free to contact my office for a free case evaluation to see if we can be of any assistance. We have payment plans and are very flexible to work with. Good luck.... Read More

File a motion for contempt or motion to enforce physical placement. While a person has a right to withhold placement if they have an honest belief that the child may be endangered, one has to balance that with the legal obligation to follow the court orders and not take the matter into their own hands. Also, if there is a concern for child endangerment, it should be promptly followed by filing a proper motion with the court to curtail placement or visitation. Courts do not like it when litigants engage in self help measures.... Read More

His estate would typically be responsible for his funeral,  and any last illness expenses. Did he leave any type of estate worth at least $50,000 to probate in Wisconsin? Did he have a Will? Who is his executor or personal representative of the estate? If he has no estate and basically died a pauper, whoever plans and arranges the funeral would have a contractual obligation to pay for it if he died owing nothing. It would be best to talk to an experienced estate attorney as soon as possible.... Read More

You can track the progression of your case by going to the Wisconsin circuit court access site, including what the court hearing on the 13th is schduled for. You don't indicate in your post where you are in the proceedings. The court date very well may be a status date to check in with the court on where you are with  the case. The WI circuit court access site will also provide you the information on the name of the guardian ad litem and you can call the GAL's office on your own to find out when they may want to see you to discuss the case. ... Read More

The custody statute in Wisconsin requires the court to create a placement schedule that affords both parents "substantial and meanginful periods of placement." This has been the law since May 2000. The law encourages parents to have shared and equal placement arrangements. The court rarely will order restricted and supervised placement.  For that, there  would have to be a showing that the children are physically or emotionally endangered in some way, while in your care. ... Read More

You can file a contempt motion on your own if your ex isn't paying child support, or there isn't a repay court order on the back support owed. Someone asked a similar question the other day on whether child support arrears survives the death of the payer. While  I am not 100% certain of the answer, I would think the arrears survive the death of the payer, and would be a claim against their estate, assuming they have any type of an estate to collect from. There is a statute of limitations for the collection of child support arrears in Wisconsin. I wrote a blog discussing that very issue that you can read at our law firm's web site, under family law issues.... Read More

Temporary divorce hearings are designed to set temporary court orders while a couple go through a divorce. The purpose of the hearing is not to allocate or divide up property or to grant the divorce. The court sets orders as to custody, placement, child support, maintenance, health insurance, use of vehicles, homestead, bank accounts and payment of debts, among other issues. Not every couple need an initial hearing. They are routinely required where there are minor children, mostly focusing on children's issues, of custody, placement and child support.  Whether witnesses are allowed is dependent on the county you are in and the particular court commissioner. Most initial first hearings do not involve testimony from the parties or from witnesses. The reason you are asking for a witness to appear and testiy will need to be compelling. The court may require you to provide an offer of proof of what that person what your witnesses would be testifying to, before deciding whether they should be allowed to present testimony or not. The court usually sets 30-45  minutes of time for the hearing. Following arguments by the parties, or their attorneys if represented and after reviewing your repsective finacnial information such as tax returns, check stubs and financial disclosure statements, the court will make decisions and orders and you will leave court that day with a signed written court order in your hand. You need to have a firm idea on what you are asking the court to do, if you are the one asking for the hearing. Depending on the county you are in, the hearing may be open to the public. In other counties, the courtrooms are very small and the court may limit attendance to only the parties and their attorneys, where applciable.... Read More

Depending on what county the case is pending in, most temporary first hearings on a divorce or separation are limited to 30-45  minutes of time. That means in a very short period of time, the court has to make important decisions on custody, placement, child support, maintenance (if an issue in the case), use of personal household items, which cars to drive, which bank accounts to use, payment of debts, and other finacnail issues. The corut hearing is usually held informally, meaning there is no court reporter in the room and the parties are not placed under oath. The parties make arguments to the court (or their attorneys make the arguments if they are represented), on each of the issues in the case and what relief they are seeking. It depends on the County, in some counties, the courtrooms are large enough to allow spectators or the public to attend. In other counties, the rooms are very small and usually, only the parties are allowed into the courtroom, along with their attorneys, of course, if they are represented. You can bring witnesses, but it is discretionary on the part of the court whether to allow them to testify. The general answer is no, don't expect the court to allow witnesses to testify at the first initial hearing. You will need to make an offer of proof as to why the witness testimony is compelling to your case. If you have a witness there to tell the court you are a great parent, they are not going to allow the witness to testify. That is not compelling. If you have a witness there to tell the court that they have seen your spouse physically abuse the children, that would be compelling and urgent enough, that the court may want to hear from the witness. The court will make a decision on all temporary issues and you will leave with a written court order that day.... Read More