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Questions Answered by Jane E. Probst
1 Answer | Asked in Family Law for Wisconsin on
Q: My daughters father wants to sign his rights over but I don't have a significant other to take over his rights.

My daughters father wants to sign his rights over but I don't have a significant other to take over his rights. Can a family member of mine take over his rights? Or do I have a significant other take over his parental rights?

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

You need to be married and your new husband willing to adopt your daughter. If a family member adopted your daughter, that would require a termination of your parental rights, too. The only way that your ex's parental rights can be terminated while yours are not terminated are if there will... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: Can an ex wife ask the father to sign off on receiving child support if the father moves out of school district?

She pays me child support and we have 50/50 placement, 1 week with her and 1 week with me. Still live within 20 miles of each other but she wants me to sign off on her paying child support because we’re not in same school district. My kids school is only 15 minutes from where I currently live and... Read more »

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

This does not make sense. Child support is not dependent on which school the children attend unless she is paying private school tuition as an offset or you are not going to take your court ordered periods of placement.

1 Answer | Asked in Family Law for Wisconsin on
Q: How can I change my last name at 17
Jane E. Probst
Jane E. Probst answered on Sep 3, 2020

You would need to file a formal name change proceeding in the circuit court of your residence. However, you can only do this with the agreement of your parent or guardian.

1 Answer | Asked in Child Custody for Wisconsin on
Q: Hi and thank you for your help. My ex-husband has sole custody and has kept my 2 girl (7 & 11 yo) for over a month now.

He has taken away 4 visitation days and will not have any communication with me at all. My question is can I have him arrested for kidnapping when it is my visitation time and he refuses to not let me have time. We do have court documents that state whose date it is but he will not go by the court... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 31, 2020

If there is no set placement schedule, but there is still an Order in effect, you should file a Petition to Enforce Placement. The Court is required to schedule a hearing within thirty days of the date of filing the Petition. If there is no set schedule at this time, the Court may Order one and... Read more »

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Placement has not been done but the father has children 90% of the time. Can he get child support?

Father has a good job and pays health insurance for kids and mother as they are separated not divorced. Mother does not work or take the kids more than 2 days a month

Jane E. Probst
Jane E. Probst answered on Aug 27, 2020

If there is a legal separation pending or an action to compel support filed, the father can obtain an Order for child support. If he has primary physical placement, his income is not relevant. If she is not working, she will be ordered to conduct a job search and an income will be imputed to her.

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: If he didn't pay the phone bill does that make our agreement void so that I'm able to get my tv back?

My ex and I had an agreement that he'd pay my cell bill since it's in his name if he can keep my tv which I'm still paying on. I only agreed because he changed the locks and wouldn't let me get my stuff unless he could keep the TV. It's a $2500 82 inch smart TV I just... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 18, 2020

Your question is not clear as to whether you are divorced or going through a divorce. If your divorce is not finalized, you can file an Order to Show Cause for a Temporary Order regarding such issues. If you are already divorced, you will need to follow the final Judgment provisions since those... Read more »

1 Answer | Asked in Child Custody and Divorce for Wisconsin on
Q: I am involved in a custody case and have a question about GAL

I’m in a custody battle with my husband. There was an allegation of child abuse and a report filed with cps against me. It was made by a former friend of mine a few months ago. In addition there has been a guardian ad litem assigned to the court case. Will the guardian interview the individual... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 12, 2020

Often, the witnesses in a CPS investigation are required to be confidential. If the allegations are unsubstantiated, the GAL can disregard the CPS allegations. If you make the witness known, the GAL can interview. However, the best manner in which to address this in the family court matter is to... Read more »

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Does this form allow the designated person with power of attorney have the right to refuse to return my child

The people I delegated power to refuse to return my child and I'm being told there is nothing I can do even though I have legal custody

Jane E. Probst
Jane E. Probst answered on Aug 3, 2020

Your question is not clear. Did you stipulate to guardianship or award someone a Power of Attorney over the child?

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can I get back child support for having my grandson for 4-5 years before getting guardianship?
Jane E. Probst
Jane E. Probst answered on Aug 2, 2020

Unfortunately, no. Pursuant to Wis.Stat. Chapter 767, you are not able to obtain retroactive child support orders. The order can only go back to the date of filing a motion for an Order for child support.

2 Answers | Asked in Divorce, Family Law and Child Custody for Wisconsin on
Q: Can my soon to be ex husband say who I can have around my kids when they are with me??
Jane E. Probst
Jane E. Probst answered on Aug 2, 2020

Normally, no. However, if there is a temporary Order for no overnight guests of the opposite sex while the divorce is pending because of the confusion caused to the children, this can restrain your contacts between the children and the new person. Also, if there is a person with whom you are... Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: At commissioner hearing mother was awarded sole custody does father still have any rights?
Jane E. Probst
Jane E. Probst answered on Jul 26, 2020

If one party is only awarded sole legal custody, the party who was not awarded legal custody still has the right to medical and educational records for the minor child.

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