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.
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.
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... View More 
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... View 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... View More
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.
Can the poa get in trouble if I stop alimony payments while he is in prison
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.
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
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.
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... View More
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... View 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.
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... View 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... View More
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.
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... View More
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... View More
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
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... View More
My youngest son is still 50% at his moms house. The oldest has been living with me 80% since he went to high school.
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... View More
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)... View More
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... View More
Per our marital settlement agreement (Wisconsin), there is specific mention as to no child support (we both have fairly equal income) and no mention of "variable costs" anywhere in our orders. It does state that all medical, dental, eye, etc. bills/premiums will be split equally. I sent... View More
answered on Apr 8, 2021
If you have shared physical placement of your children and hold open of child support since your incomes are equal, it is normally presumed that you share variable costs for the children, even if it does not specifically state so in the court order. You should be offsetting the variable expenses... View More
Depression, PTSD, ADHD
answered on Apr 4, 2021
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... View More
answered on Apr 4, 2021
Normally, an attorney must also be licensed to practice law in the State of Wisconsin. However, he could represent himself pro se, meaning unrepresented by counsel, if he so chooses.
answered on Mar 21, 2021
You can file a Motion for Contempt, but the action is already done. If you have a conflict as to the religion in which you wish for your child to be raised, you should file a Motion with the Court.
so my dismissal was set for last March but the pandemic hit and the courthouse closed my question is since it was no fault of mine will I have to restart the whole process again?
She took the kids and I didn't know where they were for the first 6 months. Then, after the court order, I was granted supervised visitation only, because I was on probation. The supervisor my ex listed on the order, whom she didn't even ask beforehand, was my sister. Not wanting to get... View More
answered on Mar 11, 2021
There would need to be more information provided to respond to this question, primarily for which reason were you on probation. What were the charges. Also, were you incarcerated for a period? You should consult with an experienced family law attorney to determine your rights and strategy.
answered on Mar 9, 2021
No. Your stepfather is not your biological or legal parent. Your biological parents are your legal custodians unless your stepfather has adopted you.
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