Off condo and settled financially. I was upset and she had me sign a handwritten piece of paper that stated I would pay her 350 per month. It was not notarized. Am I legally responsible to make these payments? I have a copy of the paper if you need to see it
My ex hasn't physically seen our son in over 2 years, and is nearing the 6 months mark of not even talking to him. He called me the other day and said that he would sign away his rights so that my current fiance could adopt our son.
I have no idea what paperwork needs to be filled... Read more »
It is not a matter of simply signing over one's rights. You and your fiance will need to first be married prior to his ability to adopt. Then, there would be a need for both of you to cooperate with a custody study with an adoption agency. Once that is completed, you would need to file a...Read more »
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...Read more »
Unless his parental rights are terminated in a Children's Court proceeding, he will still have a child support obligation. The child would need to be adopted by a step-parent. his parental rights can not be terminated by a family court action.
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...Read more »
The father of your children is a serial payor. In Wisconsin, the older children in line have the first right to child support. The child support obligation for them is deducted from the father's gross monthly income as an adjusted gross for the amount of child support available for your...Read more »
Unless it is a paternity hearing, many of these hearings are public hearings. You can object to the people being in the courtroom, but it is within the discretion of the Commissioner to ban them. You could raise the issue that these people are likely to be called as witnesses at a trial and...Read more »
How can I go around Wisconsin marriage property law? Can I get married out of state because my boyfriend's business partner will not allow us to get married if I were to inherit my boyfriend's property before the business partner dies. We want to find a way to get married and if that... Read more »
Has the father been adjudicated the father or signed an acknowledgement of paternity if not married to the mother? If not, he needs to make CPS aware so he can be adjudicated and have legal standing in the proceedings.
My parental rights were not taken from me. I voluntarily gave up custody and placement in my divorce agreement. Recently my ex had a brain injury. He will require a legal guardian (his mother) for himself for the rest of his life due to partial recovery of brain function. Does his mother... Read more »
No. His mother does not automatically have guardianship of the children. If you gave up custody and placement in the family court, your parental rights were not terminated. You would have the right to file a Motion with the Court to assume custody and care of the children. His mother would have...Read more »
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... Read more »
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...Read more »
My fiancé has had his children in his custody since June of 2019. The CHIPS case final order was filed at the end of 2020. He has full placement with the mother receiving one supervised visitation a month. She recently filed a motion to change placement. How often can these motions be filed? Is... Read more »
The question is whether the final Order was for a continuing CHIPS Order, or whether Children's Court has dismissed the CHIPS action. Children's Court Orders take priority over Family Court Orders. If she filed a Motion to Modify Placement in Children's Court, the Children's...Read more »
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.
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...Read more »
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