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Wisconsin Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Do you have to have a paternity test if the child is not the spouse's that you are divorcing?

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?

Jane E. Probst
Jane E. Probst 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.;

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My son's mom lied about me being the father to prolong her custody, is there anything I can do
Jane E. Probst
Jane E. Probst 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?

1 Answer | Asked in Family Law for Wisconsin on
Q: My son needs counseling because he's having a hard time with his stepmom. The counseling center allows stepparents

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?

Jane E. Probst
Jane E. Probst 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.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: ex has an only fans account and is posting pics and videos, should this be brought up when trying for custody?

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... Read more »

Jane E. Probst
Jane E. Probst 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.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: I'm having to pay back child support for a child i don't believe is mine and have never gotten a DNA test done.

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

Jane E. Probst
Jane E. Probst 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.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can I sue someone who has made repetitive (14) n false reports to CPS on me?
Jane E. Probst
Jane E. Probst 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.

2 Answers | Asked in Family Law and Child Custody for Wisconsin on
Q: i have periods of physical placement she only says i can see him on the days she knows i work wont help at all transpo?

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

Jane E. Probst
Jane E. Probst 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... Read more »

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1 Answer | Asked in Family Law for Wisconsin on
Q: Going for guardenship for grand kids now in a temporary foster care.what kind of ques does a GLA ask me?

What can i say why i should be the one to have guardianship

Jane E. Probst
Jane E. Probst 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... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: There is no placement agreement we are still married she hasnt seen her in a year can tell her no to seeing her.

I need to know if I can keep my child and tell my wife no. My daughter has no idea who my wife is.

Jane E. Probst
Jane E. Probst 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: A chips case has ended for two of my children. Although the other parent has primary placement and custody at the end

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... Read more »

Jane E. Probst
Jane E. Probst 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... Read more »

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Wisconsin on
Q: Can my 15 yr old file a restraining order on his father ?
David N. Iancu
David N. Iancu answered on Dec 2, 2020

Yes, but the other parent will be filing on his behalf as guardian.

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1 Answer | Asked in Elder Law, Family Law and Libel & Slander for Wisconsin on
Q: I think my brother is abusing his POA rights and acting on them before he should. My father is still very competent in

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... Read more »

Jane E. Probst
Jane E. Probst 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... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: What does the 2 out of every 3 weekends schedule look like? Is it 2 weekends a month or 2 weekends after every 3?

Are they consecutive weekends?

Tajara Dommershausen
Tajara Dommershausen 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.

2 Answers | Asked in Family Law for Wisconsin on
Q: How does the 2 out of every 3 weekends scheduled work?

How would the placement schedule work.(what does it look like?) Is it 2 weekends a month? What weekends? Are they consecutive?

Jane E. Probst
Jane E. Probst answered on Nov 13, 2020

Your question is not clear. Are you asking how it affects a child support order or percentage of placement?

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex doesn’t want my married girlfriend around our children. Can she do this?

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.... Read more »

Jane E. Probst
Jane E. Probst 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... Read more »

1 Answer | Asked in Family Law and Immigration Law for Wisconsin on
Q: can I emancipate myself even if i'm a resident in the state of wisconsin?
Jane E. Probst
Jane E. Probst 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.... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: My husband of 21 yrs walked out on me & our daughter. Shocked. Didnt see that coming. Can I get 21 yrs alimony ?

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... Read more »

Jane E. Probst
Jane E. Probst 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... Read more »

1 Answer | Asked in Family Law and Civil Rights for Wisconsin on
Q: Hi I have a problem. My wife and I are separated but live in the same apartment complex she has my daughter

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... Read more »

David N. Iancu
David N. Iancu 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.

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: What do I do if I’m being refused my children and being threatened with child support?

What do I do if I’m being refused my children and being threatened with child support?, I have no parental rights/custody

David N. Iancu
David N. Iancu answered on Oct 1, 2020

Assuming you are the father and not the mother, if paternity has not been established you will need to do so if you want to gain physical placement rights. There is no child support until paterntoth is established and a request is made for the same through the courts.

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1 Answer | Asked in Family Law for Wisconsin on
Q: My daughters father wants to sign his rights over but I don't have a significant other to take over his rights.

My daughters father wants to sign his rights over but I don't have a significant other to take over his rights. Can a family member of mine take over his rights? Or do I have a significant other take over his parental rights?

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

You need to be married and your new husband willing to adopt your daughter. If a family member adopted your daughter, that would require a termination of your parental rights, too. The only way that your ex's parental rights can be terminated while yours are not terminated are if there will... Read more »

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