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Questions Answered by Jane E. Probst
1 Answer | Asked in Divorce for Wisconsin on
Q: Milwaukee Divorce. I have a trial upcoming via zoom and I am outside the US. Do I need to be on US soil for the call?

This is a zoom call trial.

Jane E. Probst
Jane E. Probst answered on Sep 15, 2021

It is not necessary for you to be in the United States during a zoom hearing. You will simply need a reliable internet connection.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Will I receive payments if my kids father currently owes cs for other children with other women
Jane E. Probst
Jane E. Probst answered on Sep 6, 2021

The father of your children is a serial payor. In Wisconsin, the older children in line have the first right to child support. The child support obligation for them is deducted from the father's gross monthly income as an adjusted gross for the amount of child support available for your... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: How can I go about getting custody of my 16 year old child if her father threw her out of the house

And then her father called her in as a runaway

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

You have a right to file a Motion for Modification of Placement because of a substantial change of circumstances.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Wisconsin on
Q: How do I ask the Family court commissioner to remove all non parties from the court room?

My ex and I have a placement modification hearing coming up. He will be bringing people with him. I know it can be done, but how do I ask that all non parties please be excused from the courtroom?

Jane E. Probst
Jane E. Probst answered on Jul 23, 2021

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 »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Who determines/has right to set child custody agreement prior to it being established in court and how is it upheld?

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?

Jane E. Probst
Jane E. Probst answered on Jul 15, 2021

Both parents can sign a Stipulation and Order as to custody and placement, but it will need to be filed with the Court and the Order signed by the Commissioner or Judge before it is enforceable.

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 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 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 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 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 »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can a mother force a father to give up rights to his child?

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 »

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

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.

1 Answer | Asked in Child Custody for Wisconsin on
Q: Will my ex get 5050 after I have been primary caregiver since kids were born? Divorced now almost 2 years.

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 »

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

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 »

1 Answer | Asked in Family Law for Wisconsin on
Q: Baby with married woman an we want correct name on bc while separation is ongoing

I have child with married woman an we are trying to put my name on our son birth certificate while she's working threw her separation process so trying to find out how can we do this while keeping quiet so it doesn't effect her situation

Jane E. Probst
Jane E. Probst answered on Apr 26, 2021

Unfortunately, this is not possible at this time. If she is pregnant while she is still legally married, the child is presumed to be a child of the husband. The marital presumption of paternity will need to be overcome in her legal separation/divorce process. Only after that, you could file a... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: My oldest son turned 18 and is living with me full time. How do I get my child support reduced?

My youngest son is still 50% at his moms house. The oldest has been living with me 80% since he went to high school.

Jane E. Probst
Jane E. Probst answered on Apr 19, 2021

If your son is still in high school, you can modify the child support through the end of the school year until he graduates from high school or attains the age of 19, if still in high school. You can not retroactively change child support prior to the date of filing and serving your motion, but... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: What can I do to obtain guardianship/custody of 2 yr. old Grandson that has been solely in my care his whole life?

My adult daughter (mother of my grandson) has repeatedly put the child in harms way and exposed him to inappropriate places, people and activities. She lived with me 11/2018 until 8/2020 the child was born 3/22/19 I have been his primary caregiver since birth (no paternity has been established)... Read more »

Jane E. Probst
Jane E. Probst answered on Apr 19, 2021

You need to file a Petition for Guardianship and serve the mother and the father with a copy of the Petition and accompanying pleadings. You need to allege that the mother and father have left the child in your care and state in specific terms the facts to support that they are unable to, or... Read more »

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