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Wisconsin Child Custody Questions & Answers
2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Wisconsin on
Q: Can my 15 yr old file a restraining order on his father ?
David N. Iancu
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David N. Iancu
answered on Dec 2, 2020

Yes, but the other parent will be filing on his behalf as guardian.

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1 Answer | Asked in Child Custody for Wisconsin on
Q: Is she keeping him away from me? He lives with his mom in Kansas. And I’m in Wisconsin.

I think she keeps him away from me just because I have a girlfriend and my happiness. I feel like she couldn’t allow me to have a girlfriend or whatever I want to do with my life. She has a fiancé and another baby with him which I’m happy for her. I don’t even get mad at her what she has... View More

David N. Iancu
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David N. Iancu
answered on Nov 18, 2020

I'm not sure exactly what you're asking, but if your question is whether you have a right to see your son even if you have a girlfriend, the answer is YES. There are many factors that go into a custody/placement determination, but a good lawyer can help you determine what actions you can take.

2 Answers | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Child Support with Step-up Custody

First we are considering a step-up custody plan and I make 3 times the salary he does. If we start at 70/30 I owe him $13 a month. But if he can complete a AA Program and a year of Soblerlink without drinking the custody plan will go to 50/50 and I would owe 825 to him a month. My question is will... View More

Jane E. Probst
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Jane E. Probst
answered on Nov 11, 2020

If you agree to a change in child support or placement in the future, both of you can sign a Stipulation and Order for Modification and file it with the Court. By doing so, you both can avoid filing Motions and the need to appear at Court.

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1 Answer | Asked in Child Custody for Wisconsin on
Q: I have sole custody and was wondering what I could do since my kids dad has been in and out of her life a lot.

He’s been in and out since she was ten months old. She is now 41/2 years old. In our agreement it’s weird but it worked for a long time. He has to ask a week in advance to have her and a month for holidays. He can call everyday. He hasn’t seen her since December last year. He moved to Texas... View More

Jane E. Probst
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Jane E. Probst
answered on Oct 28, 2020

Does your current Order state that he has reasonable periods upon reasonable notice? If so, you can not demand that he take placement, unfortunately. If you are married and your current husband wishes to adopt your child, you can file a petition for termination of the parental rights of your... View More

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Can a dad get full custody if the mom has moved out of state without the kids

He has had them the last 8 months

Jane E. Probst
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Jane E. Probst
answered on Oct 27, 2020

If the mother had periods of court ordered placement and has not exercised that placement for that length of time, the father can file a Motion for Modification of Placement pursuant to the "lose it or lose it" provisions of the Wisconsin State Statutes. If he has primary physical... View More

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can I get legal help to live with my dad at 16 years old very soon?

I am actually a female child 16 years old, I have run away 4 times away from my mom. I am not happy whats so ever at home, and I don't feel safe, emotionally, and sometimes physically. My dad doesn't have custody of me and I really want to live with him, I am turning 17 in two months. My... View More

Jane E. Probst
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Jane E. Probst
answered on Oct 6, 2020

Your father is the one who will need to file a Motion to Modify Placement. You are not able to decide with whom you wish to reside until the age of 18.

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: What do I do if I’m being refused my children and being threatened with child support?

What do I do if I’m being refused my children and being threatened with child support?, I have no parental rights/custody

David N. Iancu
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David N. Iancu
answered on Oct 1, 2020

Assuming you are the father and not the mother, if paternity has not been established you will need to do so if you want to gain physical placement rights. There is no child support until paterntoth is established and a request is made for the same through the courts.

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1 Answer | Asked in Child Custody for Wisconsin on
Q: I am have been served with a motion to changed custody of my child. Do I have to submit a answer or form to the court
Jane E. Probst
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Jane E. Probst
answered on Sep 25, 2020

You are not required to do so. You can argue your case once you are in court. However, it is always beneficial to express our defenses to the Motion in an affidavit to be filed with the Court prior to the hearing so the Judge or Commissioner knows your position in advance of the hearing.It allows... View More

1 Answer | Asked in Child Custody for Wisconsin on
Q: Hi and thank you for your help. My ex-husband has sole custody and has kept my 2 girl (7 & 11 yo) for over a month now.

He has taken away 4 visitation days and will not have any communication with me at all. My question is can I have him arrested for kidnapping when it is my visitation time and he refuses to not let me have time. We do have court documents that state whose date it is but he will not go by the court... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Aug 31, 2020

If there is no set placement schedule, but there is still an Order in effect, you should file a Petition to Enforce Placement. The Court is required to schedule a hearing within thirty days of the date of filing the Petition. If there is no set schedule at this time, the Court may Order one and... View More

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Placement has not been done but the father has children 90% of the time. Can he get child support?

Father has a good job and pays health insurance for kids and mother as they are separated not divorced. Mother does not work or take the kids more than 2 days a month

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Aug 27, 2020

If there is a legal separation pending or an action to compel support filed, the father can obtain an Order for child support. If he has primary physical placement, his income is not relevant. If she is not working, she will be ordered to conduct a job search and an income will be imputed to her.

1 Answer | Asked in Child Custody and Divorce for Wisconsin on
Q: I am involved in a custody case and have a question about GAL

I’m in a custody battle with my husband. There was an allegation of child abuse and a report filed with cps against me. It was made by a former friend of mine a few months ago. In addition there has been a guardian ad litem assigned to the court case. Will the guardian interview the individual... View More

Jane E. Probst
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Jane E. Probst
answered on Aug 12, 2020

Often, the witnesses in a CPS investigation are required to be confidential. If the allegations are unsubstantiated, the GAL can disregard the CPS allegations. If you make the witness known, the GAL can interview. However, the best manner in which to address this in the family court matter is to... View More

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Does this form allow the designated person with power of attorney have the right to refuse to return my child

The people I delegated power to refuse to return my child and I'm being told there is nothing I can do even though I have legal custody

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

Your question is not clear. Did you stipulate to guardianship or award someone a Power of Attorney over the child?

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can I get back child support for having my grandson for 4-5 years before getting guardianship?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Aug 2, 2020

Unfortunately, no. Pursuant to Wis.Stat. Chapter 767, you are not able to obtain retroactive child support orders. The order can only go back to the date of filing a motion for an Order for child support.

2 Answers | Asked in Divorce, Family Law and Child Custody for Wisconsin on
Q: Can my soon to be ex husband say who I can have around my kids when they are with me??
Maureen Black
Maureen Black
answered on Jul 28, 2020

If there is no court order prohibiting certain individuals from being around the kids then your ex husband has no say in that. He can file a motion seeking such an order, though.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: At commissioner hearing mother was awarded sole custody does father still have any rights?
David N. Iancu
PREMIUM
David N. Iancu
answered on Jul 25, 2020

Yes. Custody is decision making power and does not affect rights to see a child, for example.

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1 Answer | Asked in Child Custody for Wisconsin on
Q: with this virus thing going on and i cant pay it this month what happens to me
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 9, 2020

talk to your lenders, landlord, bank.

try to defer, negotiate, reduce.

everybody is in the same boat.

best luck

1 Answer | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: I have sole custody / primary placement. Can I move out of WI or will I need to get permission?

We were never married, current orders only state visitation details. Dad is to submit to me monthly drug test results in order to see child..he has been out of jail since March of 2019 has not given me any results or complied with order. Dad spent 3 years in jail on for felony gun and drug charges.... View More

David N. Iancu
PREMIUM
David N. Iancu
answered on Sep 20, 2019

That depends on what your current orders say. The laws on removal are complicated and were recently changed. I strongly recommend seeking advice of counsel before doing anything in this case.

1 Answer | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Were can I find legal aid in manitowoc Wisconsin for divorce and custody and support payments my husband took it all

I have no access to bank account because he never added me and put our house only in his name and us emotionally abusive and was at times physical abusive I have no access to funds he took everything away from me would not let me wrk because he didnt want to loose state insurance or food stamps... View More

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

Try contacting: Calumet/Manitowoc Public Defender Office, 933 South 8th Street, Ste. 102 Manitowoc, WI 54220-4534, Phone: 920-683-4690

1 Answer | Asked in Child Custody, Child Support, Divorce and International Law for Wisconsin on
Q: Got married in Italy, trying to get a divorce and solve child support issues. International lawyer needed
Richard Sternberg
Richard Sternberg
answered on Apr 4, 2018

I don't mind the work, but I'm willing to bet before interviewing and researching it that the non-custodial spouse is in a country that is a signatory of the Hague Convention. You need a lawyer in the jurisdiction where the custodial parent and the children live. The child support formula... View More

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: A payor pays support in two seperate case,the child in the first case passed away.Can I ask for an increase? In Wi

Both cases have arrears owed.I am not being greedy but the payor only pays 50.00 on my child's case if and when they do pay!

Stefan Otterson
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Stefan Otterson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2017

Yes, assuming your child support was based on an income calculation that deducted support paid to the child from a previous relationship. However, the $50 amount suggests that the payor's income is very low, so adding that previous support amount back into his/her income may not bring the... View More

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