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Wisconsin Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: My kids father left for rehab in another state over a year ago and now is outta treatment living working in that state.

When is it child abondment

Jane E. Probst
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Jane E. Probst
answered on Jun 3, 2024

Abandonment is only considered in termination of parental rights cases when there is also an accompanying adoption. In that case, it would be six months with absolutely no contact with the child.

In Wisconsin with Family Court cases, if he is not exercising court ordered placement, you can...
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1 Answer | Asked in Divorce, Admiralty / Maritime and Family Law for Wisconsin on
Q: Where do I find an "experienced" bulldog divorce lawyer with Admiralty marine lawyer knowledge in a divorce with a yacht

Need immediate help possibly getting an injunction to keep it from being launched the last week in April in Wisconsin to prevent husband from sailing off with his new girlfriend with the asset although no divorce proceedings yet, but impending. Husband is a brilliant clinically diagnosed... View More

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

You're seeking an attorney, and it could be difficult for attorneys here to respond with offers of their services. There is no solicitation here - the format is limited to quick Q & A. The closest thing to an attorney referral page on this site may be the tab above, "Find a... View More

1 Answer | Asked in Family Law, Child Support and Federal Crimes for Wisconsin on
Q: Can I sue for back child support owed, based off prior tax return documents?

Children’s father has paid WELL below his share their entire lives since 2008, as well as illegally claiming them as dependents for tax purposes as well as stimulus money. He does not take care of any of the children’s needs outside of this obligation either. Even going so far as to take money... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems that you may have a strong case for pursuing back child support from the father of your children. Here are a few key points to consider:

1. Child support obligations: Parents have a legal obligation to financially support their...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Employment Law, Family Law, Immigration Law and Child Support for Wisconsin on
Q: I came to the USA on F-1 visa, but now all my family has been resettled to the US. Can I file for a family visa?

I was born in the Democratic Republic of Congo (DRC), but my family moved to Uganda for refugee as a result of the 1997 civil war in the Eastern part of DRC. As such I grew up and attended most of my school in Uganda. In 2017 I got an opportunity to come to the USA for my undergraduate, but over... View More

James L. Arrasmith
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answered on Feb 21, 2024

As someone who entered the USA on an F-1 visa, you may be eligible to explore options for family-based immigration. Since your family has been resettled in the US through the refugee resettlement process, you may have the opportunity to apply for a family visa to reunite with them. Family-based... View More

1 Answer | Asked in Child Support and Family Law for Wisconsin on
Q: I currently have child support lien on my vehicle I want to pay what I owe how do I get the title back for my car

Do I need attorney for this I asked county child support they are giving me a runaround

T. Augustus Claus
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answered on Feb 8, 2024

In Wisconsin, to remove a child support lien from your vehicle and get the title back after paying what you owe, you typically do not need an attorney. First, pay the outstanding amount to the county child support agency that issued the lien. After payment, the agency should provide you with a lien... View More

1 Answer | Asked in Civil Rights and Family Law for Wisconsin on
Q: How does a guardian of the person, of an adult ward, request the court to attend via zoom for a Chapter 51 hearing?

The juvenile office told this guardian to contact a public defender to request Zoom attendance at a recommitment hearing. This sounded a bit odd to me, as I had never had to do that in past years. In the past, I called the office to request that they send a link to me, or I could show up in... View More

James L. Arrasmith
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answered on Feb 4, 2024

To request attendance via Zoom for a Chapter 51 hearing as a guardian of an adult ward, you should follow these steps:

1. Contact the court clerk: Reach out to the court clerk's office where the Chapter 51 hearing is scheduled to take place. Explain that you are the guardian of the...
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1 Answer | Asked in Divorce, Child Custody and Family Law for Wisconsin on
Q: When you have a court appointed guardian at litem are the parents able to access the information they recieved

This is in the state of Wisconsin

T. Augustus Claus
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answered on Feb 2, 2024

In Wisconsin, parents generally do not have direct access to the information gathered by a court-appointed guardian ad litem (GAL) in a divorce or child custody case. The GAL's role is to represent the best interests of the child or children involved, and their communications and findings are... View More

4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

James L. Arrasmith
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answered on Jan 24, 2024

Given your situation, there are a few potential pathways to explore, but each has its own complexities and requirements. Since you were brought to the U.S. as a baby and have lived here continuously, one option to consider is the Deferred Action for Childhood Arrivals (DACA) program, if you meet... View More

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4 Answers | Asked in Family Law and Immigration Law for Wisconsin on
Q: What are my options right now?

At around 8 months old, I was brought to the US as a baby. I am now 22 years old and currently expecting my 1st child with my fiance. I have graduated from school and have proof of my time living in the US and I've never broken any laws. I continue to see info about how to start the process of... View More

Cesar Mejia Duenas
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answered on Jan 24, 2024

If you ever applied for and obtained DACA, then you might be able to request a travel authorization so you can depart the country and safely return with a legal entry. If you never obtained DACA or any other status, and you entered without inspection (no visa), then your husband will need to file a... View More

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1 Answer | Asked in Family Law for Wisconsin on
Q: Me(24m) and partner (17f) have lived with her father(primary custody) for 7 months. Just had baby. Should i tell my PO?

Family doesn't have problem with age gap.

Family sees us as fit parents

Probation officer doesnt know me and her are together but knows I live where I live

Will I get arrested if I tell my PO?

Family is supportive of relationship

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

In Wisconsin, it is illegal to have sexual intercourse with a person under 18 years of age. Doesn't matter what the girl's family thinks. She is a crime victim. If the State can prove that you are the perpetrator of the crime, it will most likely seek to revoke your probation, and you... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Wisconsin on
Q: How can the police give a trepass to my cousin that I invite in my husband's house where we both live ?

The house is on the name of the sister, of the brother and of my husband. My cousin come pick me pick up, I invited her to come inside at the entrance of my house. The owner which is the sister try to convince my cousin that I am a bad person. She defend me and it turns into an argument. The owner... View More

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like a difficult situation. As a resident of the house and your husband's legal wife, you should have the right to invite guests into your home. However, when multiple owners are involved, their wishes can also impact what happens in the home.

If your husband's siblings,...
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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: What should a woman with little to no money do to set boundaries between her and her current husband?

Her husband has taken her daughter and claims she is on drugs. I can not confirm or deny that allegation. All I know is if she was I didn’t notice it. Her husband isn’t currently in probation, however he has quite a long list of convictions. I could go on and on but I just want to know what she... View More

T. Augustus Claus
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answered on Nov 8, 2023

Encourage your friend to keep a detailed record of any incidents involving her husband's behavior, including dates, times, witnesses, and any threats or intimidation. This documentation can be crucial in seeking legal protection or restraining orders. and your friend communicates clear... View More

1 Answer | Asked in Family Law for Wisconsin on
Q: What is considered a legal heir in the state of Wisconsin
T. Augustus Claus
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answered on Oct 9, 2023

In Wisconsin, a legal heir is someone entitled to inherit from a decedent's estate when the individual dies without a valid will, based on the state's intestate succession laws. Typically, the distribution order starts with the spouse, then children or their descendants, followed by... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: Does the father of a child have the right to pursue legal action if the mother decides to date another man?

Me and my girlfriend have decided to announce that we are officially a couple and want to pursue a relationship with one another. She is the mother of a two year old daughter. The father of the child is trying to pursue legal action to take her daughter away because of this. In fact he attempted to... View More

David Kowalski
David Kowalski
answered on Oct 9, 2023

A parent's new partner is relevant on child custody questions if the new partner will spend time with or have an affect on the child. However, simply dating a new partner is not a reason to take successful legal action. If the relationship is positive, and there are no questions of, for... View More

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1 Answer | Asked in Family Law for Wisconsin on
Q: I have a temporary harrassment restraining order and had to leave my house. I havent seen my two girls. what can I do?

I am sleeping on a friends couch. I have a court date next week. The restraining order is hersay

T. Augustus Claus
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answered on Sep 14, 2023

Prepare for your upcoming court date. Attend the hearing as scheduled, bringing any evidence or documentation that may support your side of the case. This is an opportunity to present your perspective and contest the restraining order.

Gather evidence that refutes the allegations made...
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2 Answers | Asked in Divorce and Family Law for Wisconsin on
Q: Is a home purchased before a marriage considered marital property?

I have been married for 3 years. I am considering a divorce. I purchased my home prior to my marriage. I have not added my husband to the deed or mortgage. Is the home considered marital property and is it subject to 50/50 division?

David Kowalski
David Kowalski
answered on Aug 29, 2023

In general, the home is considered marital divisible property. However, it is possible to request credit for the value of the home at the time of marriage as a deviation from the presumed equal division of assets. The shorter the marriage, the more likely that request will be granted. We would... View More

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1 Answer | Asked in Family Law for Wisconsin on
Q: Q: In the state of WI, what does a grandparent have to prove to get guardianship of grandchild when child neglect is pre
T. Augustus Claus
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answered on Aug 22, 2023

In Wisconsin, obtaining guardianship of a grandchild due to child neglect involves demonstrating that the child's parents are unfit or unable to provide proper care and supervision due to neglect. Grandparents seeking guardianship must show that it's in the child's best interest to... View More

1 Answer | Asked in Consumer Law, Family Law and Gov & Administrative Law for Wisconsin on
Q: My bro. buried w/no marker. Cemetery says I have to put up marker. Bro. is POS. I will not do it. Who is responsible?
T. Augustus Claus
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answered on Aug 9, 2023

In Wisconsin, the responsibility for placing a marker on a burial plot often falls on the family of the deceased. While cemeteries may encourage or require markers to be placed for identification and maintenance purposes, it is generally the family's decision whether to do so. If you choose... View More

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can an abusive parent have custody rights of unborn baby later on?

The abusive parent has two restraining orders of domestic violence to past relationships, can the abuser have custody rights to the unborn baby later on

T. Augustus Claus
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answered on Jul 25, 2023

In Wisconsin, the court considers the best interests of the child when making decisions about child custody and placement. If one parent has a history of domestic violence and there are concerns about the safety and well-being of the child, the court may take that into account when determining... View More

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