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
Jane E. Probst
Answered
  • Divorce Lawyer
  • Brookfield, WI
  • Licensed in Wisconsin

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.

David Kowalski
David Kowalski
Answered
  • Divorce Lawyer
  • Baraboo, WI
  • Licensed in Wisconsin

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.

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