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Wisconsin Family Law Questions & Answers
1 Answer | Asked in Family Law for Wisconsin on
Q: Can the guardians of my child deny me visitation and all forms of communication without approval from a judge?
Jane E. Probst
Jane E. Probst answered on Nov 16, 2021

If they have guardiandship, the answer is yes, absent a court order.

1 Answer | Asked in Family Law for Wisconsin on
Q: If my child's father signs away his rights is he still required to pay child support if I'm receiving state aid
Jane E. Probst
Jane E. Probst answered on Oct 19, 2021

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.

1 Answer | Asked in Family Law for Wisconsin on
Q: My daughter’s father owes me a significant amount in back child support. She’s now over 18. What can I do to collect?

With arrears and interest it’s over $100k. I don’t know his financial standings, but for my daughter I want to know what I could do.

Jane E. Probst
Jane E. Probst answered on Oct 11, 2021

You can still file a Motion for Contempt and for repayment of arrears. The money is still owed to you, even if your daughter is emancipated.

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: I am searching for guidance and possible representation regarding my current child support situation.

My Ex has 3 kids under age 18; 1 from previous ex-wife, and 2 with me.

1st kid-he pays child support, order is through Walworth Co. Court.

We then had our child together; [we are unmarried] order was placed for him to pay support to me -also through Walworth Co. We then moved into... Read more »

Michael Edwards
Michael Edwards answered on Oct 7, 2021

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 »

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Will I receive payments if my kids father currently owes cs for other children with other women
Jane E. Probst
Jane E. Probst answered on Sep 6, 2021

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 »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Wisconsin on
Q: How do I ask the Family court commissioner to remove all non parties from the court room?

My ex and I have a placement modification hearing coming up. He will be bringing people with him. I know it can be done, but how do I ask that all non parties please be excused from the courtroom?

Jane E. Probst
Jane E. Probst answered on Jul 23, 2021

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 »

2 Answers | Asked in Family Law for Wisconsin on
Q: If I were to marry out of state. Which marriage law would apply to my marriage, the state im married at or my resident?

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 »

Jane E. Probst
Jane E. Probst answered on Jul 7, 2021

The State of residence.

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1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: CHIPS petition opened on the mother and the father also lost custody of the child through no fault of his own.

Father has been secluded through out the process

Jane E. Probst
Jane E. Probst answered on Jul 5, 2021

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.

1 Answer | Asked in Family Law for Wisconsin on
Q: My children’s father has custody but due to an accident he now has a guardian. Does his guardian have now have custody?

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 »

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

1 Answer | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: If I have 50/50 legal custody and 100% physical custody can their mom change the order and move away with kids?

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 »

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

1 Answer | Asked in Family Law for Wisconsin on
Q: Can my children's father keep my children from me without a court order?

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

Jane E. Probst
Jane E. Probst 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.

1 Answer | Asked in Family Law for Wisconsin on
Q: How soon after a case closure for CHIPS can the party file a motion to change placement?

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 »

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

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Could we be granted shared legal custody of our 6 year old granddaughter if we go to court.

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.

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

1 Answer | Asked in Family Law for Wisconsin on
Q: Baby with married woman an we want correct name on bc while separation is ongoing

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

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

1 Answer | Asked in Family Law for Wisconsin on
Q: What can I do to obtain guardianship/custody of 2 yr. old Grandson that has been solely in my care his whole life?

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)... Read more »

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

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: In Wisconsin, if no child support ordered, can my ex come back years later & make me pay variable costs?

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... Read more »

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

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can I lose custody of my son due to a mental illness?

Depression, PTSD, ADHD

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

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Can my ex who is an attorney, represent himself in the state of WI? He lives in Illinois.
Jane E. Probst
Jane E. Probst 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.

2 Answers | Asked in Bankruptcy and Family Law for Wisconsin on
Q: Can someone just stop paying for 50% of their childs needs if they are filing bankruptcy, if its a court order?

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?... Read more »

Timothy Denison
Timothy Denison 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.

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex went back to her home country for vacations, and decided to baptized our son without my consent. Disobey courtordr
Jane E. Probst
Jane E. Probst 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.

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