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 »
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.
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.
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.
I have a record and he is saying I can't be around the child. But I've been out of trouble.
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 »
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 »
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 »
And then her father called her in as a runaway
You have a right to file a Motion for Modification of Placement because of a substantial change of circumstances.
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?
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 »
Can custody be established outside of court or without a court ordered agreement? If so, how is that upheld/adhered to and what as a mother can I do if it is not? Is the agreement done between two parties without being court sanctioned legally binding?
Both parents can sign a Stipulation and Order as to custody and placement, but it will need to be filed with the Court and the Order signed by the Commissioner or Judge before it is enforceable.
Father has been secluded through out the process
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.
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 »
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 »
I had a custody order filed over two years ago in Mille lacs county. Unfortunately I couldn't afford an attorney, and he could. Now my ex is claiming he doesn't have to let our daughter leave MN. I would've never agreed to that because my mother lives here (I live in Wisconsin since... Read more »
There is no County in Wisconsin by that name. You will need to consult with an attorney licensed in the State in which the Order was entered.
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.
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 »
Father had been in jail, no visitation rights. Father is out of jail for 2 years now and the mother is taking him to court on May 21st to continue no visitation and try to terminate rights. Father has little money for a lawyer and does not want to give up rights and wants to resume sharing... Read more »
The only way a Court will terminate a parent's parental rights is if there is someone who will be adopting the child in the shoes of that parent. Family Court can enter an Order to hold open placement, but that can be modified based upon a substantial change of circumstances.
I have had primary placement (70/30) for over 2 years and perform all the primary caregiver functions. I moved and ended up closer to my ex to make shorter commutes for kid. For last 3 months I let him take them for 2 extra nights, because he asked and I did it out of the kindness of my heart. It... Read more »
To modify a child placement Order after two years have expired since entry of the initial order, your ex would need to prove that there has been a substantial change of circumstances since entry of the last order and that the modification is in the best interests. What will hurt you will be that... Read more »
Depression, PTSD, ADHD
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 »
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.
To be able to obtain an order for grandparent visitation, you need to have a "substantial parental relationship" with your grandchildren. The Grandparents Right laws have become much more stringent since a Supreme Court Ruling within the past few years which shows great deference to the... Read more »
Live with us, the father's sisters, nin wisconsin? The father is in prision at this time and will be out in 2 years. He had sole custody of the child.
You would need to file a Petition for Guardianship once your nephew is present in the State of Wisconsin. Both parents will need to be served with Notice of the Petition and the hearing.
Ok well Aug 2018 I was using drugs and I tried committing suicide slit my wrist, got put on a chapter 51 , sent to a group home by the judge until end of Dec 2018, kicked out for using drugs in there, Nov 2019 got a misdemeanor drug/paraphanelia charge and put on probation, during my time in the... Read more »
If your situation has changed substantially since the time of the last Order, you can file a Motion to Modify Placement and Custody if the last Order was not the initial Order. Otherwise, you can also file a Petition to Enforce the existing placement schedule and request that the Court find him in... Read more »
It depends on the language in the order. It would specifically need to state that they need to be substantially current in the order if they are to lose the deduction for that calendar year.
The document was so that I would not see my significant other with a questionable past. I am in the middle.of a divorce and it was written up at the request of the guardian ad litem for my children. The person is not a danger to my children but the court knows nothing about his past because it was... Read more »
While a divorce is pending,it is normally considered bad form to introduce the children to a new significant other. If the Guardian ad Litem advised you not to have the children around them, I recommend that you do so, since the GAL's recommendation carries a great deal of weight with the... Read more »
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