Get free answers to your Family Law legal questions from lawyers in your area.
I’m currently & have been a stay at home mom for 5 years & have primary placement. He wants to do 50/50 but his job is extremely demanding...for example this week he was supposed to have dinner with my 2 girls both tues & thurs evening & have them this weekend for 2 overnights. He... View More
answered on Jan 28, 2021
If you currently have primary physical placement, the current Order is still in full force and effect until modified by a Court Order. If the initial placement Order has been in full force and effect for more than two years, he has to prove that there has been a substantial change of circumstances... View More
Divorce was in Wisconsin
answered on Jan 25, 2021
Are you saying that your divorce action was in Wisconsin or Florida? Also, if Wisconsin, which County?
my husband left the marriage after 6 months. a few months later i met someone and had a baby. the baby is not my husband's who is asking for a divorce. why do i need to get a paternity test if the baby is not his?
answered on Jan 21, 2021
Yes. If a child is born to you while you are legally married to someone else, that child is presumed to be a child of your marriage. The marital presumption would need to be overcome by DNA testing and a paternity case should be filed, naming the biological father as the actual parent.;
answered on Jan 19, 2021
I am sorry, but your question is a unclear. Are you saying you are or are not the father of your son? Or, did she deny that you are the father to delay an adjudication of paternity?
If the parent allows it. My ex and I have joint custody and decision making. My son won't talk to the counselor if his stepmom is there. This is in Wisconsin. Is there anything I can do?
answered on Jan 5, 2021
You need to stress to the counselor that your son does not want her in the session because he will not speak freely with her present. If the counselor will not honor your request, you and your husband should find another therapist.
My ex has an only fans account and is consistently posting pictures and video of adult content, sometimes while our child is in their care. There are many other things going on, but I’m concerned that they are posting adult content and that it could later hurt our child. Is this something that... View More
answered on Dec 29, 2020
Depending on the type of content, this will be a concern if the child has access to the images or the device upon which the images may be stored. You should address this to at least ensure that there is no risk of viewing by your child.
According to the state of Maine I have no choice. I never slept with the mother or was told I had the kid until she wanted money
answered on Dec 24, 2020
If the paternity judgment and child support order were entered in the State of Maine, you would need to consult with an attorney licensed to practice law in that State sine the laws of that State apply.
answered on Dec 23, 2020
That is a touchy subject. If there has been any merit found to any of the complaints, you would not get far. However, if it is a series of unsubstantiated reports for no legitimate purpose, you would be in a better position to file a Petition for a Harassment Injunction.
she is trying to make me look like i dont care but she wont eveen cooroperate she wont let me take him overnight but her and her partner ship 100 miles away so they can go to work vs letting me watch him and actually spend quality meaningful time with my son
answered on Dec 20, 2020
Do you have scheduled periods of placement? If so, she needs to follow the times in the Order. If the Order is only for reasonable placement upon reasonable notice, you should request mediation to negotiate a schedule. If she does not cooperate, you will need to file a Motion for modification of... View More
What can i say why i should be the one to have guardianship
answered on Dec 10, 2020
To be awarded guardianship, you need to prove to the Court that the parents are unfit or unavailable to care for the children and that it is in their best interests that you be awarded guardianship. If there is a Children in Need of Protective Services action pending, you will also need to... View More
I need to know if I can keep my child and tell my wife no. My daughter has no idea who my wife is.
answered on Dec 9, 2020
At this time, there is no court order determining placement. So, if you refuse your wife contact, there will be no consequences to you. However, there is the issue as to whether your child will want to know her mother. You may want to address that with a family therapist so you will know how to... View More
At the end of the hearing the judge granted me reasonable placement for both children. I understand that reasonable placement can mean many different thing but here is my question. If i was awarded reasonable placement , does that not mean in my own home? The other parent is trying to control the... View More
answered on Dec 3, 2020
Reasonable placement upon reasonable notice is often a vague schedule and only works well if both parties cooperate. You need to attend mediation to negotiate a set schedule. If he refuses to mediate, you should file a Motion to Modify the Order or a Petition to Enforce Placement at which time the... View More
answered on Dec 2, 2020
Yes, but the other parent will be filing on his behalf as guardian.
His 90s but my brother has taken control of everything from financial,medical,property, to the point of who can come over to what can stay in the house. I was caregiver for past 6 yrs and evicted about 2mnths ago along with most of my things. We never had a contract!?how can I find out if he is... View More
answered on Nov 22, 2020
To be able to act as a POA, it must be activated. That means two physicians declared your parent to be incompetent. Ask your brother to show you the activation document signed by the physicians. If he can not produce that document, you may wish to consult with an attorney to file a petition to... View More
Are they consecutive weekends?
answered on Nov 13, 2020
If the order says 2 out of 3 weekends, most of the time that would be are rotation. Parent A has two weekends, then Parent B has the weekend, then Parent A has two weekends followed by Parent B having the weekend.
How would the placement schedule work.(what does it look like?) Is it 2 weekends a month? What weekends? Are they consecutive?
answered on Nov 13, 2020
Your question is not clear. Are you asking how it affects a child support order or percentage of placement?
My girlfriend doesn’t see her children for unknown reasons as she has not told me why. She doesn’t have placement or custody and a no contact order with her ex (husband). My ex doesn’t want our kids around her because the kids have said she’s hit them and holds her hand over their mouths.... View More
answered on Nov 8, 2020
I would be concerned, as a parent, if your girlfriend does not have placement of her own children and a no contact Order with her ex. I can not say I blame your ex. If you have your children being physically disciplined by your girlfriend and you do not have knowledge as to why she has no... View More
answered on Nov 1, 2020
Technically, in Wisconsin, you are not emancipated until you attain the age of 18. To become emancipated prior to that time, you would need to file a Petition with the Court, showing that you are completely able to support yourself. To be honest, I have never known a Court to emancipate a minor.... View More
I supported us over half our marriage. We decided I would stay home as I'm just about disabled. To care for our daughtr, home and dog. He would go to school for nursing after 1st yr. I would go to school. He finished his first yr as a RN. He literally walked out on us one day and moved in... View More
answered on Oct 25, 2020
I am so sorry that you are going through this. The duration and amount of maintenance depends on numerous factors, including need and ability to pay. To determine the amount, his income would also be known. A 21 year marriage is considered a long term marriage. Maintenance could be limited term... View More
Wife will not let me see my daughter keeps telling she does not want to see me. Week ago my daughter wanted commit suicid was in hospital. My wife makes poor choices and hangs around these couple that are divorced but live together and lives in same apartment complex and these couple have stuck... View More
answered on Oct 7, 2020
Sorry to hear about your situation. You would need to file for divorce/legal separation and then seek temporary orders re: physical placement of your daughter if you want to have a legally enforceable court order to see your daughter or keep her from a harmful environment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.