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Wisconsin Family Law Questions & Answers
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 »

1 Answer | Asked in Family Law for Wisconsin on
Q: How can I change my last name at 17
Jane E. Probst
Jane E. Probst answered on Sep 3, 2020

You would need to file a formal name change proceeding in the circuit court of your residence. However, you can only do this with the agreement of your parent or guardian.

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: If he didn't pay the phone bill does that make our agreement void so that I'm able to get my tv back?

My ex and I had an agreement that he'd pay my cell bill since it's in his name if he can keep my tv which I'm still paying on. I only agreed because he changed the locks and wouldn't let me get my stuff unless he could keep the TV. It's a $2500 82 inch smart TV I just... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 18, 2020

Your question is not clear as to whether you are divorced or going through a divorce. If your divorce is not finalized, you can file an Order to Show Cause for a Temporary Order regarding such issues. If you are already divorced, you will need to follow the final Judgment provisions since those... Read more »

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Does this form allow the designated person with power of attorney have the right to refuse to return my child

The people I delegated power to refuse to return my child and I'm being told there is nothing I can do even though I have legal custody

Jane E. Probst
Jane E. Probst answered on Aug 3, 2020

Your question is not clear. Did you stipulate to guardianship or award someone a Power of Attorney over the child?

2 Answers | Asked in Divorce, Family Law and Child Custody for Wisconsin on
Q: Can my soon to be ex husband say who I can have around my kids when they are with me??
Maureen Black
Maureen Black answered on Jul 28, 2020

If there is no court order prohibiting certain individuals from being around the kids then your ex husband has no say in that. He can file a motion seeking such an order, though.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: At commissioner hearing mother was awarded sole custody does father still have any rights?
David N. Iancu
David N. Iancu answered on Jul 25, 2020

Yes. Custody is decision making power and does not affect rights to see a child, for example.

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1 Answer | Asked in Family Law for Wisconsin on
Q: My MSA includes a non-modifiable alimony payment unless my ex-wife gets married. She has lived with her fiancé since

8/1/2017. She has confirmed that she will not marry until the alimony subsists 3/2022. I have learned that a WI Supreme Court Case Jan. 9,2017 found the ex-spouse in contempt and ordered the termination of alimony. Does this apply to me? She and her fiancé make over 100K/year and own two homes... Read more »

David N. Iancu
David N. Iancu answered on Mar 2, 2020

What you were referring to is called a "cohabitation" case. You should contact an experienced family lawyer to discuss as these can be complex.

1 Answer | Asked in Family Law for Wisconsin on
Q: what is the first thing to file in court for an unmarried father in wis. child is almost 3, no contact since dec, 2019
David N. Iancu
David N. Iancu answered on Jan 31, 2020

That depends on whether you already have a judgment of paternity and/or custody and placement orders. If you do, then you can file an enforcement motion seeking to enforce the previous placement schedule. If you do not, you need to file an action to establish paternity, and if paternity is... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: I have court ordered placement 3 hours a week. Can my ex deny my requests for more placement?

I have placement 3 hours a week it was a final judgement order. There’s no parenting plan. I want my child on weekends as well. Can my ex deny my extra visitations?

David N. Iancu
David N. Iancu answered on Nov 16, 2019

If your court order does not allow for additional times of placement then your ex can deny you. Depending on when your final judgment was issued, your best bet would be to file a motion to modify placement and seek additional expanded placement with your child(ren).

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Wisconsin on
Q: Do I need representation for DV initial court appearance, the one within the 72 hours no contact?

My wife hit me and I have a black eye, I pushed her off of me and left the house. She called PD and they issued a warrant for me. She said I punched her and that she didn't hit me at all. Now I'm being charged. Court is tomorrow 10-30-19

Gary Kollin
Gary Kollin answered on Oct 29, 2019

I you feel you can represent yourself and obtain a reasonable bond, then you can take the chance.

You will eventually need one, so why not start now?

1 Answer | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: I have sole custody / primary placement. Can I move out of WI or will I need to get permission?

We were never married, current orders only state visitation details. Dad is to submit to me monthly drug test results in order to see child..he has been out of jail since March of 2019 has not given me any results or complied with order. Dad spent 3 years in jail on for felony gun and drug charges.... Read more »

David N. Iancu
David N. Iancu answered on Sep 20, 2019

That depends on what your current orders say. The laws on removal are complicated and were recently changed. I strongly recommend seeking advice of counsel before doing anything in this case.

1 Answer | Asked in Family Law for Wisconsin on
Q: How can I obtain forms for filing for grandparent rights in Wisconsin?
David N. Iancu
David N. Iancu answered on Jul 14, 2019

I’m not aware of any state fill-in-the-blank forms specific to grandparents visitation cases. You could try using the generic motions to modify custody and placement forms, but a well-seasoned attorney might be your best bet.

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Family Law for Wisconsin on
Q: Just clarifying that if my dad loses his assistance thru inclusa as per STATE STATUTE 55.02(2) and SINCE HE IS in prote

SINCE HE IS IN PROTECTIVE PLACEMENT that according to the statute he is to be taken care of by the county and or state funding. In the least restrictive place. ( he is in assisted living can from nursing home ) he is totally self dependent and does not need nursing home care. I am worried that... Read more »

Brady R. Henderson
Brady R. Henderson answered on Mar 18, 2019

Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you... Read more »

1 Answer | Asked in Criminal Law, Family Law and Immigration Law for Wisconsin on
Q: I have a class a misdemeanor (948.09) does this affect me petition for my fiancé I-130 does this fall into Adams walch

Adams walch act? I am not registered . I did 60 days time , 1 year probation

Deron Edward Smallcomb
Deron Edward Smallcomb answered on Mar 13, 2019

It's quite possible it will. You should consult an experienced immigration attorney for assistance with this matter.

1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: Is there any legal way to disown my mother and my sister?? I want nothing to do with my moms estate when she passes

I want nothing to do with my sister also when dealing with my moms estate. I basically want to erase any obligations i would have it either would pass away.

Sarah Lynn Ruffi
Sarah Lynn Ruffi answered on Apr 23, 2018

When your mom passes, you can disclaim any inheritance.

1 Answer | Asked in Family Law for Wisconsin on
Q: how can I initiate a paternity action as the father. The child is in Jackson county, I live in Trempealeau county
Michael Edwards
Michael Edwards answered on Sep 12, 2017

You can file the paternity action either in Jackson County or Trempealeau County. I would think that the better option in this case though would be to file in Jackson County since the I assume the child is living with the other parent in that county.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: can I get child support for my son who lives with me full time if there is not a court order yet in place?

We had joint placement but my ex didn't have day care for him so he said I had to take him for the summer. Now that schools in place he wants him every other week again and I think he's doing much better full time with me. He refuses to pay anything more.

Michael Edwards
Michael Edwards answered on Sep 12, 2017

If you want to receive child support, you would need a court order in place to be able to enforce it. In most cases, child support will follow a placement order so you will probably want to request an order for primary placement and then request the court to calculate child support for that as... Read more »

1 Answer | Asked in Estate Planning and Family Law for Wisconsin on
Q: In Minnesota the eldest son inherits the family cabin unless being informed declines. What is the law in Wisconsin?

According to a banker I know with a lot of experience.

Kenneth V Zichi
Kenneth V Zichi answered on Sep 12, 2017

You are misinformed about MN law. In MOST states (and MN and WI are in that crowd) IF children inherit without a will, ALL children inherit equally. There are situations where children will NOT inherit without a will in MN (For example, if there is a surviving spouse who is also the parent of the... Read more »

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: My Ex's 17year old son is beating up his 9year old (my son) brother on a regular basis. Could this count as child abuse?

I have made him a counseling apt and was wondering does the counselor have to report this to CPS. I am fine with that happening but my ex is mad.

Stephen Pleck Johnson
Stephen Pleck Johnson answered on Sep 9, 2017

Yes, the 17 year old is an adult for criminal court and the charge could be disorderly conduct, battery, and felony child abuse.

Your suspicions are correct and it should be reported. If not, who is to protect the 9 year old?

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