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Wisconsin Family Law Questions & Answers
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 are... 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?

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: I had a child support case that's been closed, how do I go about getting it reopened?
Michael Edwards
Michael Edwards answered on Aug 22, 2017

It depends on why you want to reopen the case. If you are trying to make a change to the current child support order, you would probably want to file a modification motion. However, if you are trying to notify the court that the paying party is not paying their support obligations then you are... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: Can a lawyer charge their client for a phone call with the a person who is not represented?

I got my final bill from my attorney and was charged for a phone call my attorney had with my ex- wife.

Michael Edwards
Michael Edwards answered on Aug 22, 2017

Most lawyers will charge their clients for any phone calls they make or receive that are related to that client's particular case.

1 Answer | Asked in Family Law and Juvenile Law for Wisconsin on
Q: In Wisconsin could a 17 year old be emancipated

I am 16 and a half and I would like to be emancipated by the time I turn 17

Michael Edwards
Michael Edwards answered on Aug 22, 2017

There is no statute in Wisconsin. You'll have to wait until you are the age of majority. If you are not safe at home, contact the local social services agency to get help.

1 Answer | Asked in Family Law for Wisconsin on
Q: I'm worried about retaliation. Do I need to give special notice to my husband before I file for divorce?
Michael Edwards
Michael Edwards answered on Aug 2, 2017

The only required notice you have to give to your husband is once you actually file the petition for divorce. You begin the process by filling out a summons and petition for divorce. In order to move forward with the divorce, your husband needs to be served with the summons and petition which would... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: In Wisconsin can you get in trouble for dating someone while still legally married.?
Michael Edwards
Michael Edwards answered on Aug 2, 2017

If I am understanding your question correctly, the answer would be that there is no issue with this. If your in the middle of divorce proceedings, for instance, feel free to date as you please. You will not be able to remarry during the divorce process as well as for a period of 6 months after the... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: i have been paying for child support and on my days to visit my kids. my ex husband won't let me see them. What do I do?
Michael Edwards
Michael Edwards answered on Aug 2, 2017

If there is a current court order in place that gives you specific visitation times and he is withholding that placement from you, you need to file an Enforcement of Physical Placement motion with the court of jurisdiction. However, if the court order states your placement as "reasonable times upon... Read more »

2 Answers | Asked in Family Law for Wisconsin on
Q: Is there risk involved with sending the other party my proposed parenting plan before our court date?

I filed a motion to change my parenting plan with my ex. He hired a lawyer. I am unable to hire a lawyer. The case is in WI.

Ray Choudhry
Ray Choudhry answered on Jul 20, 2017

Check with a lawyer in WI.

In Illinois, not unusual for parties to exchange proposed plans to try to come to an agreement.

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1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: Why would a prosecutor offer a psi for a plea
Stephen Pleck Johnson
Stephen Pleck Johnson answered on Jul 18, 2017

A presentence investigation could reveal facts about the defendant that normally would not get before the judge prior to sentencing. It often will increase fairness in the system, but not always. The defendant may have his/her own psi done by the defenses choice. It really gives the judge more... Read more »

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: I have a suspended CS order and another claim against my ex got filed in the meantime, how is % figured, as I filed 1st?

When my ex went to prison I suspended the child support order I had against him for our two children. 8 years later he is out of prison and hasn't offered any help and now I find out he has child support taken out of his wages for another child he had. I assume that she is receiving 17%. My... Read more »

Michael Edwards
Michael Edwards answered on Jun 26, 2017

For two children, the flat rate percentage standard in Wisconsin is 25% of the paying parent's gross income. There are a number of different reasons one could argue for the court to deviate from this percentage standard if the court finds that the use of the percentage is unfair to the child or to... Read more »

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