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Wisconsin Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: If I had a chips case for over 2 years and the father wasn't involved can that be used for termination of his rights

He currently filed a custody order and hasn't seen his since he was born 6yeara ago

0 Answers | Asked in Family Law for Wisconsin on
Q: If a civil suing law suit can freeze your assets?

If you are getting sued by a civil law suit or just sued from an estate regardless if there is a will or not can your assets be froze?

1 Answer | Asked in Family Law for Wisconsin on
Q: I have a temporary harrassment restraining order and had to leave my house. I havent seen my two girls. what can I do?

I am sleeping on a friends couch. I have a court date next week. The restraining order is hersay

T. Augustus Claus
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answered on Sep 14, 2023

Prepare for your upcoming court date. Attend the hearing as scheduled, bringing any evidence or documentation that may support your side of the case. This is an opportunity to present your perspective and contest the restraining order.

Gather evidence that refutes the allegations made...
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0 Answers | Asked in Family Law for Wisconsin on
Q: My father lives in Puerto Rico and is gravely ill, what are my legal rights as far as a placement care facility.

family are taking care of him there, I did have a chance to speak with his primary and she said eventually he will need hospice, I have received Documents of his testament from his lawyers office sent to me, but they are in Spanish and I don't read Spanish well, I need someone who knows the... View More

0 Answers | Asked in Divorce and Family Law for Wisconsin on
Q: Future court repercussions for a Trial separation with separate living arrangements?

My husband and I are considering a separate living arrangement on a Trial Separation basis. We are wanting to put the kids first, and do the 'nesting' where kids stay in the family home... and the spouses swap different times with the kids. My husband was told that if he leaves the family... View More

2 Answers | Asked in Divorce and Family Law for Wisconsin on
Q: Is a home purchased before a marriage considered marital property?

I have been married for 3 years. I am considering a divorce. I purchased my home prior to my marriage. I have not added my husband to the deed or mortgage. Is the home considered marital property and is it subject to 50/50 division?

David Kowalski
David Kowalski
answered on Aug 29, 2023

In general, the home is considered marital divisible property. However, it is possible to request credit for the value of the home at the time of marriage as a deviation from the presumed equal division of assets. The shorter the marriage, the more likely that request will be granted. We would... View More

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1 Answer | Asked in Family Law for Wisconsin on
Q: Q: In the state of WI, what does a grandparent have to prove to get guardianship of grandchild when child neglect is pre
T. Augustus Claus
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answered on Aug 22, 2023

In Wisconsin, obtaining guardianship of a grandchild due to child neglect involves demonstrating that the child's parents are unfit or unable to provide proper care and supervision due to neglect. Grandparents seeking guardianship must show that it's in the child's best interest to... View More

1 Answer | Asked in Consumer Law, Family Law and Gov & Administrative Law for Wisconsin on
Q: My bro. buried w/no marker. Cemetery says I have to put up marker. Bro. is POS. I will not do it. Who is responsible?
T. Augustus Claus
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answered on Aug 9, 2023

In Wisconsin, the responsibility for placing a marker on a burial plot often falls on the family of the deceased. While cemeteries may encourage or require markers to be placed for identification and maintenance purposes, it is generally the family's decision whether to do so. If you choose... View More

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 Divorce, International Law and Family Law for Wisconsin on
Q: I'm mexican with a valid turist visa, I got married in SC, how can I get the divorce? he still lives in SC.

I am a mexican with a valid turist visa in now staying in the state of Wisconsin, but i got married in South Carolina and my still husband resided there. I wanted to know if is possible to get the divorce from him, I mean I want to, but I do not know how because I am a turist. I lived in York SC... View More

James L. Arrasmith
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answered on Jul 10, 2023

As a Mexican citizen with a valid tourist visa, you may be able to pursue a divorce in the state of South Carolina where you got married, even if you are currently residing in Wisconsin. Divorce laws vary by state, so it's important to understand the specific requirements and procedures in... View More

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the other parent get custody of child if this parent never had custody or is on the birth certificate
Jane E. Probst
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Jane E. Probst
answered on Jun 14, 2023

The other parent would need to file a petition to be adjudicated the parent of thie child.

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 for Wisconsin on
Q: Can I go after my ex for more support if he is in probate and expecting an inheritance?

Wisconsin can a modify support

Jane E. Probst
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Jane E. Probst
answered on May 5, 2023

An inheritance is considered separate property and not for maintenance. I

1 Answer | Asked in Family Law for Wisconsin on
Q: Does a Family Court Commissioner have the authority to order that I file my tax return by specific date?

FCC entered an order stating I had to file my tax return by specific date and provide it to the other parents lawyer within 10 days of it being filed so they can determine the attorney's fees I will have to pay. The order says I have to pay attorney fees, but does not state the amount I will... View More

Jane E. Probst
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Jane E. Probst
answered on Apr 22, 2023

Yes, the Commissioner may enter such an Order if there is an award of attorneys fees and the Commissioner is looking for a source of money from you from which to pay.

1 Answer | Asked in Libel & Slander, Family Law, Real Estate Law and Civil Rights for Wisconsin on
Q: Can I legally record a co owner in my home when she is yelling through the door or calling me by name in my house?
Jane E. Probst
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Jane E. Probst
answered on Feb 6, 2023

Wisconsin is a one party state. You can record as long as you are part of the conversation.

1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: My husband's father passed away in May 2022 in Texas, with no will. Does my husband have any right to his estate.

My husband was the only child, and his father was remarried. At the time of his passing his step- mother said my husband would get about $30,000 from his JP morgan account and since then she has made her son from a different marriage power of attorney. The stepmother now acts like she never said... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 1, 2023

You should contact a probate lawyer who practices in or near the city/county your father-in-law passed. Discuss in detail your situation and see what said lawyer advises. It is worth the cost of a consultation to get information. Good luck.

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 Divorce and Family Law for Wisconsin on
Q: Badgercare after divorce as a health insurance?

Badgercare after divorce as a health insurance?

When I got divorced in 2011, I asked the judge to make me the provider of health coverage. I have physical custody of child. The legal father has chosen not to see child since divorce. And has had no contact. I have no clue if he has... View More

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

It is considered acceptable to rely on Badgercare benefits yourpremiums for group health insurance coverage exceed 10% of your net disposable income. The State, on its own, may file a Motion to require the father to provide coverage for the minor children so as to reduce the cost to the tax... View More

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