Milwaukee, WI asked in Child Custody, Child Support and Family Law for Wisconsin

Q: Does the father of a child have the right to pursue legal action if the mother decides to date another man?

Me and my girlfriend have decided to announce that we are officially a couple and want to pursue a relationship with one another. She is the mother of a two year old daughter. The father of the child is trying to pursue legal action to take her daughter away because of this. In fact he attempted to kick door in to take the child while all were present. From a character standpoint I have announced who I am, proven my character around children, and we have exchanged numbers. He continues to try to make my girlfriends life miserable. My question is if I’m Wisconsin does he have any legal claim to reducing custody with the mother because she chooses to see me? Or is there anything I can do legally to prove I am a safe and stable person to be around the child?

2 Lawyer Answers
Jane E. Probst
PREMIUM
Answered

A: Unless he can show that your involvement with the mother and child are harmful to the child's best interests, there is nothing he can do.

A: A parent's new partner is relevant on child custody questions if the new partner will spend time with or have an affect on the child. However, simply dating a new partner is not a reason to take successful legal action. If the relationship is positive, and there are no questions of, for example, drug/alcohol use, criminal history, or domestic issues, the father may have a hard time supporting his argument. I also note that if he is kicking in doors, the problem may lie with the father. That event sounds like a police matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.