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Wisconsin Questions & Answers
2 Answers | Asked in Family Law for Wisconsin on
Q: If I were to marry out of state. Which marriage law would apply to my marriage, the state im married at or my resident?

How can I go around Wisconsin marriage property law? Can I get married out of state because my boyfriend's business partner will not allow us to get married if I were to inherit my boyfriend's property before the business partner dies. We want to find a way to get married and if that... Read more »

Jane E. Probst
Jane E. Probst answered on Jul 7, 2021

The State of residence.

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1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: CHIPS petition opened on the mother and the father also lost custody of the child through no fault of his own.

Father has been secluded through out the process

Jane E. Probst
Jane E. Probst answered on Jul 5, 2021

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.

1 Answer | Asked in Family Law for Wisconsin on
Q: My children’s father has custody but due to an accident he now has a guardian. Does his guardian have now have custody?

My parental rights were not taken from me. I voluntarily gave up custody and placement in my divorce agreement. Recently my ex had a brain injury. He will require a legal guardian (his mother) for himself for the rest of his life due to partial recovery of brain function. Does his mother... Read more »

Jane E. Probst
Jane E. Probst answered on Jul 2, 2021

No. His mother does not automatically have guardianship of the children. If you gave up custody and placement in the family court, your parental rights were not terminated. You would have the right to file a Motion with the Court to assume custody and care of the children. His mother would have... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: My son is now living with me full time. How do I go about asking for more child support. We have a 50/50 joint custody

My ex-husband does not want my 16 year old son living with him anymore. I have had him full time for almost 2 years. I need more child support to bridge the gap. How do I go about that in Wisconsin.

Jane E. Probst
Jane E. Probst answered on Jul 1, 2021

You should file a Motion for Modification of Physical Placement of your son since he has been residing with you so long with your ex's consent. At the same time, you can request an Order for child support based upon these changed circumstances.

1 Answer | Asked in Probate for Wisconsin on
Q: My mother passed away and named my brother as representative. What happens if I don't consent to him?

I have no reason to believe that he will treat me fairly, In fact he has threatened me physically and wont let me in her house, yet he and my sisters have ransacked her house.

Thomas B. Burton
Thomas B. Burton answered on Jun 29, 2021

It sounds like your brother send you a Waiver and Consent for informal probate, to allow the Will to be admitted to probate and to consent to his appointment as Personal Representative under an informal administration. If you do not sign the Waiver and Consent, then he cannot be appointed as... Read more »

1 Answer | Asked in Traffic Tickets for Wisconsin on
Q: I was cited for doing 26mph over the 55mph speed limit in Wisconsin on the highway and for also not having a license.

What should I do and Is there anyway of getting my points reduced and license unsuspended?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 25, 2021

You should do an attorney search for Wisconsin traffic ticket lawyers, contact a few of them and discuss your case specifically and obtain your options, and then hire the traffic ticket lawyer with whom you are most comfortable.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I have a criminal defense question.

I sold some ammunition in a private sale to an individual who was over 21 years old. I was contacted by a detective saying that the ammunition that I sold him legally, may have been used in a murder. Ammunition is not subject to background checks in Wisconsin so I did not ask to see a concealed... Read more »

David Patton
David Patton answered on Jun 21, 2021

Most likely you were contacted as a witness. They may be trying to tie the Defendant to the gun by way of the ammo. I am not a civil attorney, but it seems unlikely that you'd face liability assuming you were acting legally when you sold.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: Does a realtor have to present a buyer's offer? Can I ask for proof that our offers were presented to the seller?

We have put offers in on multiple properties. We started to offer on the last home on a Thursday. On Monday the realtor asked that we remove a home sale contingency and wrote a new offer that was signed on Monday.. Then on Wednesday they informed me that I had to sign the document again as my... Read more »

Thomas B. Burton
Thomas B. Burton answered on Jun 15, 2021

I am sorry to hear about this situation. If your realtor is using the standard offer to purchase form (WB-11 - Residential Offer to Purchase), which is promulgated by the Wisconsin Department of Safety and Professional Services, then there is a line at the bottom the realtor should complete that... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: If I have 50/50 legal custody and 100% physical custody can their mom change the order and move away with kids?

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 »

Jane E. Probst
Jane E. Probst answered on Jun 10, 2021

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 »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: For the purposes of an SBA loan application, is a DUI considered a "criminal offense"?
Sarah Schmeiser
Sarah Schmeiser answered on Jun 9, 2021

A DUI is a criminal offense in all states except for Wisconsin. In Wisconsin a first offense DUI is usually a traffic ticket and not a criminal offense.

1 Answer | Asked in Animal / Dog Law and Car Accidents for Wisconsin on
Q: Am I liable to vehicle damages if someone runs over my dog and damages their car?

While visiting family, upon arrival, my dog escaped the car and was run over by a motor vehicle. Now the vehicle owner is trying to fault me for over $2,000 in damages to their vehicle. Am I liable for this? There is no police report-the police were called and responded, however since the driver... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 8, 2021

A Wisconsin attorney could advise best, but your post remains open for two weeks. You could look into whether a local attorney would offer you a brief consult to explore your best defenses, if any exist. I'm glad your dog survived; I'm very sorry that someone would come after you for the... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can one of you please review a part of my custody order? I didn't have atty, the ex says he can keep our child

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 »

Jane E. Probst
Jane E. Probst answered on Jun 7, 2021

There is no County in Wisconsin by that name. You will need to consult with an attorney licensed in the State in which the Order was entered.

1 Answer | Asked in Health Care Law for Wisconsin on
Q: My previous primary Dr never informed me about two major health issues three years ago. However, the information was in

my online health account which I didn't read. Nothing was mentioned by her about these issues at a follow up visit after a surgery for something else either. Should she have discussed this with me, or was it my responsibility to read my health account, and contact her?

Tim Akpinar
Tim Akpinar answered on Jun 6, 2021

A Wisconsin attorney could advise best, but your post remains open for two weeks. She should have discussed the issues with you, and at the same time, you should have read your records as well if you had access to the information in the health account. Naturally, it also depends on the criticality... Read more »

1 Answer | Asked in Products Liability, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Who is likely at fault or what is my percentage of fault in the incident I've detailed below, I'm being sued?

I was driving on the right side of road in residential area, following speed limit & initiated decrease in speed to take a left into a driveway to reverse out of to go back the same way I was coming from. There was a car in that driveway. Before ever breeching the threshold line of said... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 3, 2021

A Wisconsin attorney could advise best, but your question remains open for a week. This could be a difficult claim, where certain things could have been done better on both sides. In terms of apportioning liability, that could be a jurisdiction-specific issue based on the comparative negligence... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: As poa can I stop his alimony if he is in prison

Can the poa get in trouble if I stop alimony payments while he is in prison

Jane E. Probst
Jane E. Probst answered on May 25, 2021

Depending on the language of the POA, the Attorney in Fact may file Motions on his behalf to terminate or hold open maintenance. The POA must specifically state that the Attorney in Fact has been awarded this power.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can my children's father keep my children from me without a court order?

My children's father has been keeping my children from me for over two months without contact. I have had the police go to his home four times and he continues to refuse

Jane E. Probst
Jane E. Probst answered on May 24, 2021

If there is already an Order for placement, you can file a Petition to Enforce placement. The Court needs to schedule it for hearing within thirty days.

1 Answer | Asked in Family Law for Wisconsin on
Q: How soon after a case closure for CHIPS can the party file a motion to change placement?

My fiancé has had his children in his custody since June of 2019. The CHIPS case final order was filed at the end of 2020. He has full placement with the mother receiving one supervised visitation a month. She recently filed a motion to change placement. How often can these motions be filed? Is... Read more »

Jane E. Probst
Jane E. Probst answered on May 24, 2021

The question is whether the final Order was for a continuing CHIPS Order, or whether Children's Court has dismissed the CHIPS action. Children's Court Orders take priority over Family Court Orders. If she filed a Motion to Modify Placement in Children's Court, the Children's... Read more »

1 Answer | Asked in Consumer Law and Contracts for Wisconsin on
Q: How to handle a company that failed to complete contract and their loan company seeking payments?

Hired a company to remodel bath/tub area. They put in wrong materials, wrong (cheap) hardware, total sloppy job. We had local manager come in, he said they have to tear out and start from scratch. Then we never heard from them again. Multiple phone calls to salesman/manager/corporate HQ have gone... Read more »

Nathan DeLadurantey
Nathan DeLadurantey answered on May 18, 2021

It sounds like you may have claims against the contractor - and defenses on the loan. It will be based (in part) on some additional facts and the contents of any written documents you signed. I suggest contacting a Wisconsin consumer lawyer for a free consultation to discuss your rights and options.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: How to know I'm not infringing selling NMN anti-aging supplement? Very complicated patents about mfg, use etc.

At amazon dozens of companies are selling NMN so it appears to be unpatented as a molecule, unlike the competitor NR (nicotinamide riboside) where patent holder ChromaDex claims a monopoly sues others distributing it. Yet google patent pulls up many US and foreign patents - some mfg process and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 14, 2021

Your question is pretty convoluted, impossible to answer here.

You have to consult an attorney.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Could we be granted shared legal custody of our 6 year old granddaughter if we go to court.

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.

Jane E. Probst
Jane E. Probst answered on May 13, 2021

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 »

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