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Questions Answered by Jane E. Probst
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... View More

Jane E. Probst
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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... View 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
PREMIUM
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... View More

Jane E. Probst
PREMIUM
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... View 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... View More

Jane E. Probst
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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
PREMIUM
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
PREMIUM
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... View More

Jane E. Probst
PREMIUM
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... View 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
PREMIUM
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... View 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... View More

Jane E. Probst
PREMIUM
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... View More

Jane E. Probst
PREMIUM
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... View 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
PREMIUM
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... View 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
PREMIUM
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... View 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)... View More

Jane E. Probst
PREMIUM
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... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: In Wisconsin, if no child support ordered, can my ex come back years later & make me pay variable costs?

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

Jane E. Probst
PREMIUM
Jane E. Probst
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

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can I lose custody of my son due to a mental illness?

Depression, PTSD, ADHD

Jane E. Probst
PREMIUM
Jane E. Probst
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

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Can my ex who is an attorney, represent himself in the state of WI? He lives in Illinois.
Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex went back to her home country for vacations, and decided to baptized our son without my consent. Disobey courtordr
Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: so my dismissal was set for last March

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?

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 11, 2021

If your case was dismissed, you will need to refile.

1 Answer | Asked in Family Law for Wisconsin on
Q: ex didn't follow orders for 4 years. took to court for enforcement, judge said I abandoned kids, and pay $1000 gal fee

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

Jane E. Probst
PREMIUM
Jane E. Probst
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.

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