Lawyers, Answer Questions  & Get Points Log In
Wisconsin Child Custody Questions & Answers
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
PREMIUM
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 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 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 Child Custody for Wisconsin on
Q: My daughter in law (widowed) doesn't get back to me about visits. Do I have a legal RIGHT to see my grand kids in Wisc ?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 7, 2021

To be able to obtain an order for grandparent visitation, you need to have a "substantial parental relationship" with your grandchildren. The Grandparents Right laws have become much more stringent since a Supreme Court Ruling within the past few years which shows great deference to the... View More

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Do we need to file for legal guardian or custody if my ex sister in law from seattle wa, wants to send my nephew to

Live with us, the father's sisters, nin wisconsin? The father is in prision at this time and will be out in 2 years. He had sole custody of the child.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 5, 2021

You would need to file a Petition for Guardianship once your nephew is present in the State of Wisconsin. Both parents will need to be served with Notice of the Petition and the hearing.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Changing physical custody and placement from full to shared.

Ok well Aug 2018 I was using drugs and I tried committing suicide slit my wrist, got put on a chapter 51 , sent to a group home by the judge until end of Dec 2018, kicked out for using drugs in there, Nov 2019 got a misdemeanor drug/paraphanelia charge and put on probation, during my time in the... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 3, 2021

If your situation has changed substantially since the time of the last Order, you can file a Motion to Modify Placement and Custody if the last Order was not the initial Order. Otherwise, you can also file a Petition to Enforce the existing placement schedule and request that the Court find him in... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: If behind on child support can they claim children on taxes their ordered year?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 17, 2021

It depends on the language in the order. It would specifically need to state that they need to be substantially current in the order if they are to lose the deduction for that calendar year.

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Wisconsin on
Q: There was verbally a document written up by my lawyer to the guardian ad litem, does that document become void after?

The document was so that I would not see my significant other with a questionable past. I am in the middle.of a divorce and it was written up at the request of the guardian ad litem for my children. The person is not a danger to my children but the court knows nothing about his past because it was... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 16, 2021

While a divorce is pending,it is normally considered bad form to introduce the children to a new significant other. If the Guardian ad Litem advised you not to have the children around them, I recommend that you do so, since the GAL's recommendation carries a great deal of weight with the... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: How am I responsible for my child’s medical?

I haven’t seen my son in 2 years because of a retraining order and was told today that my new job received a letter stating I have to cover my sons medical insurance. So now I have to pay child support for a child I don’t see and pay for his medical when his mom already get MA how is that... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 10, 2021

The restraining order does not affect any prior support or medical bill responsibilities set forth in another Order. However, unless the restraining order is against the child, and not just the other parent, you still have placement rights to the child. You should consult with an experienced... View More

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can a judge court order a psychological assessment in child custody without appointing an assessor?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 9, 2021

Yes. The Court may order a psychological assessment, but leave the choice to the agreement of the Counsel or the choice of the Guardian ad Litem.

2 Answers | Asked in Child Custody and Child Support for Wisconsin on
Q: (WI) Father still receives child support after abandoning my 14 & 16 year old children for 7 months & going.. What now?

He receives child support for both children.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 4, 2021

You need to file a Motion for Modification of Custody and Placement.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: If my husband & I decide to 50/50 placement am I able to move 20 miles away? I currently have primary placement.

I’m currently & have been a stay at home mom for 5 years & have primary placement. He wants to do 50/50 but his job is extremely demanding...for example this week he was supposed to have dinner with my 2 girls both tues & thurs evening & have them this weekend for 2 overnights. He... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jan 28, 2021

If you currently have primary physical placement, the current Order is still in full force and effect until modified by a Court Order. If the initial placement Order has been in full force and effect for more than two years, he has to prove that there has been a substantial change of circumstances... View More

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My son's mom lied about me being the father to prolong her custody, is there anything I can do
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jan 19, 2021

I am sorry, but your question is a unclear. Are you saying you are or are not the father of your son? Or, did she deny that you are the father to delay an adjudication of paternity?

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: ex has an only fans account and is posting pics and videos, should this be brought up when trying for custody?

My ex has an only fans account and is consistently posting pictures and video of adult content, sometimes while our child is in their care. There are many other things going on, but I’m concerned that they are posting adult content and that it could later hurt our child. Is this something that... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 29, 2020

Depending on the type of content, this will be a concern if the child has access to the images or the device upon which the images may be stored. You should address this to at least ensure that there is no risk of viewing by your child.

2 Answers | Asked in Family Law and Child Custody for Wisconsin on
Q: i have periods of physical placement she only says i can see him on the days she knows i work wont help at all transpo?

she is trying to make me look like i dont care but she wont eveen cooroperate she wont let me take him overnight but her and her partner ship 100 miles away so they can go to work vs letting me watch him and actually spend quality meaningful time with my son

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 20, 2020

Do you have scheduled periods of placement? If so, she needs to follow the times in the Order. If the Order is only for reasonable placement upon reasonable notice, you should request mediation to negotiate a schedule. If she does not cooperate, you will need to file a Motion for modification of... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: A chips case has ended for two of my children. Although the other parent has primary placement and custody at the end

At the end of the hearing the judge granted me reasonable placement for both children. I understand that reasonable placement can mean many different thing but here is my question. If i was awarded reasonable placement , does that not mean in my own home? The other parent is trying to control the... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 3, 2020

Reasonable placement upon reasonable notice is often a vague schedule and only works well if both parties cooperate. You need to attend mediation to negotiate a set schedule. If he refuses to mediate, you should file a Motion to Modify the Order or a Petition to Enforce Placement at which time the... View More

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.