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... View More
answered on Jul 2, 2021
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... View 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... View More
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
My children's father has been keeping my children from me for over two months without contact. I have had the police go to his home four times and he continues to refuse
answered on May 24, 2021
If there is already an Order for placement, you can file a Petition to Enforce placement. The Court needs to schedule it for hearing within thirty days.
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... View More
answered on May 24, 2021
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... View 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.
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
I have child with married woman an we are trying to put my name on our son birth certificate while she's working threw her separation process so trying to find out how can we do this while keeping quiet so it doesn't effect her situation
answered on Apr 26, 2021
Unfortunately, this is not possible at this time. If she is pregnant while she is still legally married, the child is presumed to be a child of the husband. The marital presumption of paternity will need to be overcome in her legal separation/divorce process. Only after that, you could file a... View More
My adult daughter (mother of my grandson) has repeatedly put the child in harms way and exposed him to inappropriate places, people and activities. She lived with me 11/2018 until 8/2020 the child was born 3/22/19 I have been his primary caregiver since birth (no paternity has been established)... View More
answered on Apr 19, 2021
You need to file a Petition for Guardianship and serve the mother and the father with a copy of the Petition and accompanying pleadings. You need to allege that the mother and father have left the child in your care and state in specific terms the facts to support that they are unable to, or... View More
Per our marital settlement agreement (Wisconsin), there is specific mention as to no child support (we both have fairly equal income) and no mention of "variable costs" anywhere in our orders. It does state that all medical, dental, eye, etc. bills/premiums will be split equally. I sent... View More
answered on Apr 8, 2021
If you have shared physical placement of your children and hold open of child support since your incomes are equal, it is normally presumed that you share variable costs for the children, even if it does not specifically state so in the court order. You should be offsetting the variable expenses... View More
Depression, PTSD, ADHD
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
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.
My fiances ex is filing for bankruptcy so she says. The child needs braces and 2 cavities filled and she is stating she will not be paying for them since she cant afford it. They have a court order that they both have to cover 50% of medical and dental cost. Is there something we can do about this?... View More
answered on Mar 30, 2021
No. The child’s braces and the like are not dischargeable in bankruptcy and he can be held in contempt for failing to pay as ordered.
answered on Mar 21, 2021
You can file a Motion for Contempt, but the action is already done. If you have a conflict as to the religion in which you wish for your child to be raised, you should file a Motion with the Court.
so my dismissal was set for last March but the pandemic hit and the courthouse closed my question is since it was no fault of mine will I have to restart the whole process again?
She took the kids and I didn't know where they were for the first 6 months. Then, after the court order, I was granted supervised visitation only, because I was on probation. The supervisor my ex listed on the order, whom she didn't even ask beforehand, was my sister. Not wanting to get... View More
answered on Mar 11, 2021
There would need to be more information provided to respond to this question, primarily for which reason were you on probation. What were the charges. Also, were you incarcerated for a period? You should consult with an experienced family law attorney to determine your rights and strategy.
answered on Mar 9, 2021
No. Your stepfather is not your biological or legal parent. Your biological parents are your legal custodians unless your stepfather has adopted you.
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.
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.
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
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
Hi
I am a US citizen with a dual US-European citizenship, living in Wisconsin.
I'm mid-term with a baby fathered by a US citizen who said he does not want the kid. If I move back to Europe, give birth and he then changes his mind, I will not be willing to return to US. His... View More
answered on Feb 25, 2021
Until the time he is the adjudicated father after the child is born, he has no legal rights to the child unless you were married. Once the child is born, his placement and custodial rights would be under the laws of the Country in which the child is born.
An adult acceptable to the father. We finished chips case 2years ago and it says it expires 2/4/2020 on case order next to where the order was written. Does that mean I still have no say or have to be supervised still? I was already allowed to take my kid for months at at time during quarentine.... View More
answered on Feb 23, 2021
Not everything is clear as to your status. If the Chips order is expired, the family court Order controls. If there has been a substantial change of circumstances, you need to file a Motion for Modification of the Temporary Order as to placement of the children.
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.
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