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Wisconsin Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Wisconsin on
Q: Can i get legal custody of my nieces and nephews that live in another state? They are with foster parents.

The foster parents have blocked us from all communication with the children. My brother, their father has not given up custodial rights to his children, but does not want them back.

1 Answer | Asked in Divorce, Child Custody and Family Law for Wisconsin on
Q: When you have a court appointed guardian at litem are the parents able to access the information they recieved

This is in the state of Wisconsin

T. Augustus Claus
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answered on Feb 2, 2024

In Wisconsin, parents generally do not have direct access to the information gathered by a court-appointed guardian ad litem (GAL) in a divorce or child custody case. The GAL's role is to represent the best interests of the child or children involved, and their communications and findings are... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
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... View More

David Kowalski
David Kowalski
answered on Oct 9, 2023

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... View More

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1 Answer | Asked in Child Custody for Wisconsin on
Q: What happens if the petitioner is unable to uphold a Temporary Order for Child Custody drafted by their attorney?

Divorce 5 years, petitioner agreed to supervised visitations they pay for. I am the respondent.

Jane E. Probst
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Jane E. Probst
answered on Sep 8, 2023

It depends on whether the temporary order was filed so it is enforceable. If it is, and the Petitioner is not following the Order, you could file a Motion for Contempt.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can an abusive parent have custody rights of unborn baby later on?

The abusive parent has two restraining orders of domestic violence to past relationships, can the abuser have custody rights to the unborn baby later on

T. Augustus Claus
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answered on Jul 25, 2023

In Wisconsin, the court considers the best interests of the child when making decisions about child custody and placement. If one parent has a history of domestic violence and there are concerns about the safety and well-being of the child, the court may take that into account when determining... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Wisconsin on
Q: How do i make a case stronger when it comes to proving child abuse happening against my 2 year old from her dad

I filed a TRO for my daughter due to 3 witnesses stepping forward to abuse they saw, heard or were told about that was happening to my 2 year old. I took it to court but i lost the case and they told me i didn't have enough evidence and that spanking a child was not against the law. my child... View More

Jane E. Probst
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Jane E. Probst
answered on Jul 1, 2023

Sometimes, depending on the age of your child, the best thing to do is to find a therapist for your child. A Therapist is a mandatory reporter for abuse and would be able to have much more insight and credibility.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Order states "7 day vacation in conjunction to the already scheduled 4 days." Is that 4 scheduled days PLUS the 7?
Jane E. Probst
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Jane E. Probst
answered on May 21, 2023

This is rather awkward wording. It appears that it would be seven days in addition to four days. This is surprising because most Marital Settlement Agreements state that you need to schedule your vacation over your scheduled weekend of placement.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Wisconsin on
Q: Pregnant help

My 16 old

Son at this time and his 17 yr old gf pregnant when baby born she will be 18 he will be 17 lives in two differ

States him wisconsin her Minnesota if she places the baby for adoption does he have right to keep him or are his rights nothing

Jane E. Probst
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Jane E. Probst
answered on Dec 4, 2022

This would be subject to the law of Minnesota if the child reisdes in that state once born. To place the child for adoption, the Court would need to terminate the parental rights of both parents. The biological father should file a paternity action once the child is born and request that he have... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Wisconsin on
Q: Can our Grandsons mother stop let us see our grandson with no warning? Our son died in 2020 and they were never married

Since 2020, he has come to stay every other weekend until 3 months ago, something changed and we've seen him once.

Over this last summer, she didn't let him stay half the summer like before because he's watching his 4 small siblings while her and her boyfriend work.... View More

Jane E. Probst
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Jane E. Probst
answered on Nov 27, 2022

You can file a Motion for Grandparent Visitation for a Court Ordered schedule to see him if she is denying you contact.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Fraudulent allegations ofp made, consequences to petitioner?
Jane E. Probst
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Jane E. Probst
answered on Nov 27, 2022

This question is not clear. There is aneed for more information prior to responding.

1 Answer | Asked in Child Custody for Wisconsin on
Q: How can I remove someone from my child’s birth certificate if they are not the biological father
Jane E. Probst
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Jane E. Probst
answered on Aug 29, 2022

You would need to file a Paternity action for the adjudication of paternity for the biological father.

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Does my daughter have to return to her father's if he violated the custody agreement and she is uncomfortable/ stressed?

My 14 yr old daughter (starting 9th grade) has made it very clear that she does not want to be at her father's, due to dismissal of feelings and uncomfortability with stepmother and manipulation to go live with them out of state. She has missed her monthly period due to stress of being there... View More

Jane E. Probst
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Jane E. Probst
answered on Jul 31, 2022

You should consult with an experienced family law attorney in your area. To modify placement, you will need to prove facts that establish that there has been a substantial change of circumstances since entry of the current placement Order, and that a modification is in her best interests.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: What to do if other parents telling 10yr old about court hearings, child support, terms of visitation, etc. ?

Moms on limited visitation, 5 hrs e/o Sat&sun in public settings.2kids together.My 10 yr old is asking me about court dates coming up, child support, why they only see mom in public etc. Every time they come back from a visit something new is brought up that kids shouldn't be involved... View More

Jane E. Probst
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Jane E. Probst
answered on Jul 19, 2022

Children are not to be told about Court proceedings. You should address this with the Court and Guardian ad Litem, if one is appointed.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Can I file a notice or order to change custody and placement, if there's a current open case for contempt, in Wisconsin.

My ex and I have 50/50. He's barely exercised his placement the last 2 years (less than 30 days out of his 365). Our 15yo does not want to go to his dad's anymore because hes never there or spends any time with him. Ex recently filed contempt on me because I didn't allow our son to... View More

Jane E. Probst
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Jane E. Probst
answered on Mar 9, 2022

There is a provision in the Wisconsin State Statutes that provides that a person can lose their court ordered placement if they do not exercise it. You can file a Motion to modify the current Order to incorporate the status quo.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: What do I do? my godson has been with me since October 2020 his mom drop him off and I've been taking care w/ no supp.

Mom still gets foodshare and received child tax credits, but when I filed him on my taxes this year she started threatening me but he still is here and goes to school from here.

Jane E. Probst
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Jane E. Probst
answered on Feb 15, 2022

You can file a petition for guardianship since she has left the child in your care for such a long time. She would have a right to visit with the child, but she would also have an obligation for payment of support.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My girlfriend has a baby with another man and they are in child custody court. The father is saying I can't be around

I have a record and he is saying I can't be around the child. But I've been out of trouble.

Jane E. Probst
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Jane E. Probst
answered on Dec 10, 2021

Whether you can be around the child would depend on the nature of your record of convictions and whether the Court and Guardian ad Litem believe that it would not be in the best interests of the children for you to have contact with them. More information would be needed to respond to this... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: I am searching for guidance and possible representation regarding my current child support situation.

My Ex has 3 kids under age 18; 1 from previous ex-wife, and 2 with me.

1st kid-he pays child support, order is through Walworth Co. Court.

We then had our child together; [we are unmarried] order was placed for him to pay support to me -also through Walworth Co. We then moved into... View More

Michael Edwards
Michael Edwards
answered on Oct 7, 2021

If you are a aware that father is living with a convicted felon, you are certainly justified to be concerned about your kids being in that environment. Revisiting placement could be an option for you depending on what the current orders are set at. For child support, I would need some additional... View More

1 Answer | Asked in Child Custody for Wisconsin on
Q: How can I go about getting custody of my 16 year old child if her father threw her out of the house

And then her father called her in as a runaway

Jane E. Probst
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Jane E. Probst
answered on Aug 2, 2021

You have a right to file a Motion for Modification of Placement because of a substantial change of circumstances.

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