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Wisconsin Family Law Questions & Answers
1 Answer | Asked in Federal Crimes, Divorce, Family Law and International Law for Wisconsin on
Q: Hauge convention act. Is there any lawyers in Wisconsin that has experience handling this kind of case

I’m in Thailand. I’m trying to recover my children from USA the mother abducted them June 2021 I’ve been trying in the local courts in Thailand no luck I’ve been in contact for the last seven months with the US government for the hauge Convention act. Also the mother has been hiding the... Read more »

David Luther Woodward
David Luther Woodward
answered on May 12, 2022

The Hague Convention is useful in most situations, but you need a lawyer where the children are to file the appropriate action in the local court to determine.

But first, do you have a professional/lawyer in Thailand that is assisting you. If you don't, that you explain why things...
Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: I want to know how I can keep my financial information from the attorney for my girlfriends X husbands lawyer.

We live together and he approached her that he would not change her alimony and 3 years later he changed his mind. he wants to know my financials. I explained to him I would give it to the judge so they cant see it.

Jane E. Probst
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Jane E. Probst
answered on Mar 28, 2022

If you have continuously resided together for three years, her ex probably is going to argue that your girlfriend is living in a marital like relationship in which you are not wed simply to avoid a termination of maintenance. There is case law providing that marriage can be terminated if the... Read more »

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Can I file a notice or order to change custody and placement, if there's a current open case for contempt, in Wisconsin.

My ex and I have 50/50. He's barely exercised his placement the last 2 years (less than 30 days out of his 365). Our 15yo does not want to go to his dad's anymore because hes never there or spends any time with him. Ex recently filed contempt on me because I didn't allow our son to... Read more »

Jane E. Probst
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Jane E. Probst
answered on Mar 9, 2022

There is a provision in the Wisconsin State Statutes that provides that a person can lose their court ordered placement if they do not exercise it. You can file a Motion to modify the current Order to incorporate the status quo.

1 Answer | Asked in Family Law for Wisconsin on
Q: I'm not being allowed to continue help raise my deceased son's kids, his dying wish. Kids I raised pretty much everyday

I'm being denied for no apparent reason other than the mom trying to hurt me, played the same game with my son before his suicide May 13, 2021. The kids have been pretty much here since that day, and the other time spent at the Grandpa's house because the mom refuses to return the... Read more »

Jane E. Probst
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Jane E. Probst
answered on Feb 22, 2022

If he mother is denying you contact with the children, you may file a motion for visitation pursuant to Wis. Stat. Sec. 767.43.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: What do I do? my godson has been with me since October 2020 his mom drop him off and I've been taking care w/ no supp.

Mom still gets foodshare and received child tax credits, but when I filed him on my taxes this year she started threatening me but he still is here and goes to school from here.

Jane E. Probst
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Jane E. Probst
answered on Feb 15, 2022

You can file a petition for guardianship since she has left the child in your care for such a long time. She would have a right to visit with the child, but she would also have an obligation for payment of support.

1 Answer | Asked in Adoption and Family Law for Wisconsin on
Q: How does a father sign over his rights?

My ex hasn't physically seen our son in over 2 years, and is nearing the 6 months mark of not even talking to him. He called me the other day and said that he would sign away his rights so that my current fiance could adopt our son.

I have no idea what paperwork needs to be filled... Read more »

Jane E. Probst
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Jane E. Probst
answered on Dec 22, 2021

It is not a matter of simply signing over one's rights. You and your fiance will need to first be married prior to his ability to adopt. Then, there would be a need for both of you to cooperate with a custody study with an adoption agency. Once that is completed, you would need to file a... Read more »

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My girlfriend has a baby with another man and they are in child custody court. The father is saying I can't be around

I have a record and he is saying I can't be around the child. But I've been out of trouble.

Jane E. Probst
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Jane E. Probst
answered on Dec 10, 2021

Whether you can be around the child would depend on the nature of your record of convictions and whether the Court and Guardian ad Litem believe that it would not be in the best interests of the children for you to have contact with them. More information would be needed to respond to this... Read more »

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
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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
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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
PREMIUM
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
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

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