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Wisconsin Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Child Support for Wisconsin on
Q: (WI) Father still receives child support after abandoning my 14 & 16 year old children for 7 months & going.. What now?

He receives child support for both children.

Jane E. Probst
Jane E. Probst answered on Feb 4, 2021

You need to file a Motion for Modification of Custody and Placement.

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1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: If my husband & I decide to 50/50 placement am I able to move 20 miles away? I currently have primary placement.

I’m currently & have been a stay at home mom for 5 years & have primary placement. He wants to do 50/50 but his job is extremely demanding...for example this week he was supposed to have dinner with my 2 girls both tues & thurs evening & have them this weekend for 2 overnights. He... Read more »

Jane E. Probst
Jane E. Probst answered on Jan 28, 2021

If you currently have primary physical placement, the current Order is still in full force and effect until modified by a Court Order. If the initial placement Order has been in full force and effect for more than two years, he has to prove that there has been a substantial change of circumstances... Read more »

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 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.

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 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 Child Custody for Wisconsin on
Q: Is she keeping him away from me? He lives with his mom in Kansas. And I’m in Wisconsin.

I think she keeps him away from me just because I have a girlfriend and my happiness. I feel like she couldn’t allow me to have a girlfriend or whatever I want to do with my life. She has a fiancé and another baby with him which I’m happy for her. I don’t even get mad at her what she has... Read more »

David N. Iancu
David N. Iancu answered on Nov 18, 2020

I'm not sure exactly what you're asking, but if your question is whether you have a right to see your son even if you have a girlfriend, the answer is YES. There are many factors that go into a custody/placement determination, but a good lawyer can help you determine what actions you can take.

2 Answers | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Child Support with Step-up Custody

First we are considering a step-up custody plan and I make 3 times the salary he does. If we start at 70/30 I owe him $13 a month. But if he can complete a AA Program and a year of Soblerlink without drinking the custody plan will go to 50/50 and I would owe 825 to him a month. My question is will... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 11, 2020

If you agree to a change in child support or placement in the future, both of you can sign a Stipulation and Order for Modification and file it with the Court. By doing so, you both can avoid filing Motions and the need to appear at Court.

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1 Answer | Asked in Child Custody for Wisconsin on
Q: I have sole custody and was wondering what I could do since my kids dad has been in and out of her life a lot.

He’s been in and out since she was ten months old. She is now 41/2 years old. In our agreement it’s weird but it worked for a long time. He has to ask a week in advance to have her and a month for holidays. He can call everyday. He hasn’t seen her since December last year. He moved to Texas... Read more »

Jane E. Probst
Jane E. Probst answered on Oct 28, 2020

Does your current Order state that he has reasonable periods upon reasonable notice? If so, you can not demand that he take placement, unfortunately. If you are married and your current husband wishes to adopt your child, you can file a petition for termination of the parental rights of your... Read more »

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Can a dad get full custody if the mom has moved out of state without the kids

He has had them the last 8 months

Jane E. Probst
Jane E. Probst answered on Oct 27, 2020

If the mother had periods of court ordered placement and has not exercised that placement for that length of time, the father can file a Motion for Modification of Placement pursuant to the "lose it or lose it" provisions of the Wisconsin State Statutes. If he has primary physical... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can I get legal help to live with my dad at 16 years old very soon?

I am actually a female child 16 years old, I have run away 4 times away from my mom. I am not happy whats so ever at home, and I don't feel safe, emotionally, and sometimes physically. My dad doesn't have custody of me and I really want to live with him, I am turning 17 in two months. My... Read more »

Jane E. Probst
Jane E. Probst answered on Oct 6, 2020

Your father is the one who will need to file a Motion to Modify Placement. You are not able to decide with whom you wish to reside until the age of 18.

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 Child Custody for Wisconsin on
Q: I am have been served with a motion to changed custody of my child. Do I have to submit a answer or form to the court
Jane E. Probst
Jane E. Probst answered on Sep 25, 2020

You are not required to do so. You can argue your case once you are in court. However, it is always beneficial to express our defenses to the Motion in an affidavit to be filed with the Court prior to the hearing so the Judge or Commissioner knows your position in advance of the hearing.It allows... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Hi and thank you for your help. My ex-husband has sole custody and has kept my 2 girl (7 & 11 yo) for over a month now.

He has taken away 4 visitation days and will not have any communication with me at all. My question is can I have him arrested for kidnapping when it is my visitation time and he refuses to not let me have time. We do have court documents that state whose date it is but he will not go by the court... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 31, 2020

If there is no set placement schedule, but there is still an Order in effect, you should file a Petition to Enforce Placement. The Court is required to schedule a hearing within thirty days of the date of filing the Petition. If there is no set schedule at this time, the Court may Order one and... Read more »

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Placement has not been done but the father has children 90% of the time. Can he get child support?

Father has a good job and pays health insurance for kids and mother as they are separated not divorced. Mother does not work or take the kids more than 2 days a month

Jane E. Probst
Jane E. Probst answered on Aug 27, 2020

If there is a legal separation pending or an action to compel support filed, the father can obtain an Order for child support. If he has primary physical placement, his income is not relevant. If she is not working, she will be ordered to conduct a job search and an income will be imputed to her.

1 Answer | Asked in Child Custody and Divorce for Wisconsin on
Q: I am involved in a custody case and have a question about GAL

I’m in a custody battle with my husband. There was an allegation of child abuse and a report filed with cps against me. It was made by a former friend of mine a few months ago. In addition there has been a guardian ad litem assigned to the court case. Will the guardian interview the individual... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 12, 2020

Often, the witnesses in a CPS investigation are required to be confidential. If the allegations are unsubstantiated, the GAL can disregard the CPS allegations. If you make the witness known, the GAL can interview. However, the best manner in which to address this in the family court matter is to... 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?

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can I get back child support for having my grandson for 4-5 years before getting guardianship?
Jane E. Probst
Jane E. Probst answered on Aug 2, 2020

Unfortunately, no. Pursuant to Wis.Stat. Chapter 767, you are not able to obtain retroactive child support orders. The order can only go back to the date of filing a motion for an Order for child support.

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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