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Wisconsin Family Law Questions & Answers
1 Answer | Asked in Employment Law, Family Law, Immigration Law and Child Support for Wisconsin on
Q: I came to the USA on F-1 visa, but now all my family has been resettled to the US. Can I file for a family visa?

I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

James L. Arrasmith
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answered on Feb 21, 2024

As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More

1 Answer | Asked in Child Support and Family Law for Wisconsin on
Q: I currently have child support lien on my vehicle I want to pay what I owe how do I get the title back for my car

Do I need attorney for this I asked county child support they are giving me a runaround

T. Augustus Claus
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answered on Feb 8, 2024

In Wisconsin, to remove a child support lien from your vehicle and get the title back after paying what you owe, you typically do not need an attorney. First, pay the outstanding amount to the county child support agency that issued the lien. After payment, the agency should provide you with a lien... View More

0 Answers | Asked in Divorce and Family Law for Wisconsin on
Q: Can my husband job give Me so much money to pay our bills? Stay at home mom here.

Asking for friend. She Stays at home since daycare so expensive. Now her husband is cheating, telling his job who family to send only $300. I pay the bills for him. Now I can't. I get harass by him. Belittled so on and so forth. Says I don't let him see the kids but I let him see them... View More

1 Answer | Asked in Civil Rights and Family Law for Wisconsin on
Q: How does a guardian of the person, of an adult ward, request the court to attend via zoom for a Chapter 51 hearing?

The juvenile office told this guardian to contact a public defender to request Zoom attendance at a recommitment hearing. This sounded a bit odd to me, as I had never had to do that in past years. In the past, I called the office to request that they send a link to me, or I could show up in... View More

James L. Arrasmith
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answered on Feb 4, 2024

To request attendance via Zoom for a Chapter 51 hearing as a guardian of an adult ward, you should follow these steps:

1. Contact the court clerk: Reach out to the court clerk's office where the Chapter 51 hearing is scheduled to take place. Explain that you are the guardian of the...
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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

4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jan 24, 2024

If you ever applied for and obtained DACA, then you might be able to request a travel authorization so you can depart the country and safely return with a legal entry. If you never obtained DACA or any other status, and you entered without inspection (no visa), then your husband will need to file a... View More

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1 Answer | Asked in Family Law for Wisconsin on
Q: Me(24m) and partner (17f) have lived with her father(primary custody) for 7 months. Just had baby. Should i tell my PO?

Family doesn't have problem with age gap.

Family sees us as fit parents

Probation officer doesnt know me and her are together but knows I live where I live

Will I get arrested if I tell my PO?

Family is supportive of relationship

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

In Wisconsin, it is illegal to have sexual intercourse with a person under 18 years of age. Doesn't matter what the girl's family thinks. She is a crime victim. If the State can prove that you are the perpetrator of the crime, it will most likely seek to revoke your probation, and you... View More

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: What should a woman with little to no money do to set boundaries between her and her current husband?

Her husband has taken her daughter and claims she is on drugs. I can not confirm or deny that allegation. All I know is if she was I didn’t notice it. Her husband isn’t currently in probation, however he has quite a long list of convictions. I could go on and on but I just want to know what she... View More

T. Augustus Claus
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answered on Nov 8, 2023

Encourage your friend to keep a detailed record of any incidents involving her husband's behavior, including dates, times, witnesses, and any threats or intimidation. This documentation can be crucial in seeking legal protection or restraining orders. and your friend communicates clear... View More

1 Answer | Asked in Family Law for Wisconsin on
Q: What is considered a legal heir in the state of Wisconsin
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answered on Oct 9, 2023

In Wisconsin, a legal heir is someone entitled to inherit from a decedent's estate when the individual dies without a valid will, based on the state's intestate succession laws. Typically, the distribution order starts with the spouse, then children or their descendants, followed by... 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 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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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?
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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.

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