This would be subject to the law of Minnesota if the child reisdes in that state once born. To place the child for adoption, the Court would need to terminate the parental rights of both parents. The biological father should file a paternity action once the child is born and request that he have...Read more »
My 14 yr old daughter (starting 9th grade) has made it very clear that she does not want to be at her father's, due to dismissal of feelings and uncomfortability with stepmother and manipulation to go live with them out of state. She has missed her monthly period due to stress of being there... Read more »
You should consult with an experienced family law attorney in your area. To modify placement, you will need to prove facts that establish that there has been a substantial change of circumstances since entry of the current placement Order, and that a modification is in her best interests.
Moms on limited visitation, 5 hrs e/o Sat&sun in public settings.2kids together.My 10 yr old is asking me about court dates coming up, child support, why they only see mom in public etc. Every time they come back from a visit something new is brought up that kids shouldn't be involved... Read more »
My ex and I have 50/50. He's barely exercised his placement the last 2 years (less than 30 days out of his 365). Our 15yo does not want to go to his dad's anymore because hes never there or spends any time with him. Ex recently filed contempt on me because I didn't allow our son to... Read more »
There is a provision in the Wisconsin State Statutes that provides that a person can lose their court ordered placement if they do not exercise it. You can file a Motion to modify the current Order to incorporate the status quo.
You can file a petition for guardianship since she has left the child in your care for such a long time. She would have a right to visit with the child, but she would also have an obligation for payment of support.
Whether you can be around the child would depend on the nature of your record of convictions and whether the Court and Guardian ad Litem believe that it would not be in the best interests of the children for you to have contact with them. More information would be needed to respond to this...Read more »
If you are a aware that father is living with a convicted felon, you are certainly justified to be concerned about your kids being in that environment. Revisiting placement could be an option for you depending on what the current orders are set at. For child support, I would need some additional...Read more »
Unless it is a paternity hearing, many of these hearings are public hearings. You can object to the people being in the courtroom, but it is within the discretion of the Commissioner to ban them. You could raise the issue that these people are likely to be called as witnesses at a trial and...Read more »
Can custody be established outside of court or without a court ordered agreement? If so, how is that upheld/adhered to and what as a mother can I do if it is not? Is the agreement done between two parties without being court sanctioned legally binding?
Has the father been adjudicated the father or signed an acknowledgement of paternity if not married to the mother? If not, he needs to make CPS aware so he can be adjudicated and have legal standing in the proceedings.
I have 50/50 legal custody and 100% physical custody. I got divorced September of 2020. Their mom does not take them overnight and rarely ever sees them. She now says she is moving to Arizona and wants the kids for the summer months. Is there a way she will be able to change the order and move away... Read more »
No. She would need to file a Motion for Modification of Placement or you both would need to sign a Stipulation and Order for modification of the Order to allow her summer placement. She needs an Order of the Court. If she does not have the Court Order, she can not remove them without your...Read more »
I had a custody order filed over two years ago in Mille lacs county. Unfortunately I couldn't afford an attorney, and he could. Now my ex is claiming he doesn't have to let our daughter leave MN. I would've never agreed to that because my mother lives here (I live in Wisconsin since... Read more »
My husband and I have been caring for our 6 yr old granddaughter (living with us) 5 days a week for most of her life. Mother has sole custody. She has signed a medical consent form so that we take care of all her doctor appointments. We are her paternal grandparents.
The Family Court Code does not provide for shared physical placement of non parents. If the parents would be found to be unfit, you could petition for guardianship. However, for a third party such as a grandparent to be awarded placement, not visitation, there would need to be a referral to the...Read more »
Father had been in jail, no visitation rights. Father is out of jail for 2 years now and the mother is taking him to court on May 21st to continue no visitation and try to terminate rights. Father has little money for a lawyer and does not want to give up rights and wants to resume sharing... Read more »
The only way a Court will terminate a parent's parental rights is if there is someone who will be adopting the child in the shoes of that parent. Family Court can enter an Order to hold open placement, but that can be modified based upon a substantial change of circumstances.
I have had primary placement (70/30) for over 2 years and perform all the primary caregiver functions. I moved and ended up closer to my ex to make shorter commutes for kid. For last 3 months I let him take them for 2 extra nights, because he asked and I did it out of the kindness of my heart. It... Read more »
To modify a child placement Order after two years have expired since entry of the initial order, your ex would need to prove that there has been a substantial change of circumstances since entry of the last order and that the modification is in the best interests. What will hurt you will be that...Read more »
If your mental illness is preventing you from safely parenting your child, this is a possibility. If you are functioning well and taking prescribed medications to control your mental illness, it is unlikely that you would lose custody or placement. Without knowing the nature of your diagnosis, it...Read more »
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