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Wisconsin Family Law Questions & Answers
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 Elder Law, Family Law and Libel & Slander for Wisconsin on
Q: I think my brother is abusing his POA rights and acting on them before he should. My father is still very competent in

His 90s but my brother has taken control of everything from financial,medical,property, to the point of who can come over to what can stay in the house. I was caregiver for past 6 yrs and evicted about 2mnths ago along with most of my things. We never had a contract!?how can I find out if he is... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 22, 2020

To be able to act as a POA, it must be activated. That means two physicians declared your parent to be incompetent. Ask your brother to show you the activation document signed by the physicians. If he can not produce that document, you may wish to consult with an attorney to file a petition to... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: What does the 2 out of every 3 weekends schedule look like? Is it 2 weekends a month or 2 weekends after every 3?

Are they consecutive weekends?

Tajara Dommershausen
Tajara Dommershausen answered on Nov 13, 2020

If the order says 2 out of 3 weekends, most of the time that would be are rotation. Parent A has two weekends, then Parent B has the weekend, then Parent A has two weekends followed by Parent B having the weekend.

2 Answers | Asked in Family Law for Wisconsin on
Q: How does the 2 out of every 3 weekends scheduled work?

How would the placement schedule work.(what does it look like?) Is it 2 weekends a month? What weekends? Are they consecutive?

Jane E. Probst
Jane E. Probst answered on Nov 13, 2020

Your question is not clear. Are you asking how it affects a child support order or percentage of placement?

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex doesn’t want my married girlfriend around our children. Can she do this?

My girlfriend doesn’t see her children for unknown reasons as she has not told me why. She doesn’t have placement or custody and a no contact order with her ex (husband). My ex doesn’t want our kids around her because the kids have said she’s hit them and holds her hand over their mouths.... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 8, 2020

I would be concerned, as a parent, if your girlfriend does not have placement of her own children and a no contact Order with her ex. I can not say I blame your ex. If you have your children being physically disciplined by your girlfriend and you do not have knowledge as to why she has no... Read more »

1 Answer | Asked in Family Law and Immigration Law for Wisconsin on
Q: can I emancipate myself even if i'm a resident in the state of wisconsin?
Jane E. Probst
Jane E. Probst answered on Nov 1, 2020

Technically, in Wisconsin, you are not emancipated until you attain the age of 18. To become emancipated prior to that time, you would need to file a Petition with the Court, showing that you are completely able to support yourself. To be honest, I have never known a Court to emancipate a minor.... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: My husband of 21 yrs walked out on me & our daughter. Shocked. Didnt see that coming. Can I get 21 yrs alimony ?

I supported us over half our marriage. We decided I would stay home as I'm just about disabled. To care for our daughtr, home and dog. He would go to school for nursing after 1st yr. I would go to school. He finished his first yr as a RN. He literally walked out on us one day and moved in... Read more »

Jane E. Probst
Jane E. Probst answered on Oct 25, 2020

I am so sorry that you are going through this. The duration and amount of maintenance depends on numerous factors, including need and ability to pay. To determine the amount, his income would also be known. A 21 year marriage is considered a long term marriage. Maintenance could be limited term... Read more »

1 Answer | Asked in Family Law and Civil Rights for Wisconsin on
Q: Hi I have a problem. My wife and I are separated but live in the same apartment complex she has my daughter

Wife will not let me see my daughter keeps telling she does not want to see me. Week ago my daughter wanted commit suicid was in hospital. My wife makes poor choices and hangs around these couple that are divorced but live together and lives in same apartment complex and these couple have stuck... Read more »

David N. Iancu
David N. Iancu answered on Oct 7, 2020

Sorry to hear about your situation. You would need to file for divorce/legal separation and then seek temporary orders re: physical placement of your daughter if you want to have a legally enforceable court order to see your daughter or keep her from a harmful environment.

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 Family Law for Wisconsin on
Q: My daughters father wants to sign his rights over but I don't have a significant other to take over his rights.

My daughters father wants to sign his rights over but I don't have a significant other to take over his rights. Can a family member of mine take over his rights? Or do I have a significant other take over his parental rights?

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

You need to be married and your new husband willing to adopt your daughter. If a family member adopted your daughter, that would require a termination of your parental rights, too. The only way that your ex's parental rights can be terminated while yours are not terminated are if there will... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: How can I change my last name at 17
Jane E. Probst
Jane E. Probst answered on Sep 3, 2020

You would need to file a formal name change proceeding in the circuit court of your residence. However, you can only do this with the agreement of your parent or guardian.

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Q: If he didn't pay the phone bill does that make our agreement void so that I'm able to get my tv back?

My ex and I had an agreement that he'd pay my cell bill since it's in his name if he can keep my tv which I'm still paying on. I only agreed because he changed the locks and wouldn't let me get my stuff unless he could keep the TV. It's a $2500 82 inch smart TV I just... Read more »

Jane E. Probst
Jane E. Probst answered on Aug 18, 2020

Your question is not clear as to whether you are divorced or going through a divorce. If your divorce is not finalized, you can file an Order to Show Cause for a Temporary Order regarding such issues. If you are already divorced, you will need to follow the final Judgment provisions since those... 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?

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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2 Answers | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: At commissioner hearing mother was awarded sole custody does father still have any rights?
David N. Iancu
David N. Iancu answered on Jul 25, 2020

Yes. Custody is decision making power and does not affect rights to see a child, for example.

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1 Answer | Asked in Family Law for Wisconsin on
Q: My MSA includes a non-modifiable alimony payment unless my ex-wife gets married. She has lived with her fiancé since

8/1/2017. She has confirmed that she will not marry until the alimony subsists 3/2022. I have learned that a WI Supreme Court Case Jan. 9,2017 found the ex-spouse in contempt and ordered the termination of alimony. Does this apply to me? She and her fiancé make over 100K/year and own two homes... Read more »

David N. Iancu
David N. Iancu answered on Mar 2, 2020

What you were referring to is called a "cohabitation" case. You should contact an experienced family lawyer to discuss as these can be complex.

1 Answer | Asked in Family Law for Wisconsin on
Q: what is the first thing to file in court for an unmarried father in wis. child is almost 3, no contact since dec, 2019
David N. Iancu
David N. Iancu answered on Jan 31, 2020

That depends on whether you already have a judgment of paternity and/or custody and placement orders. If you do, then you can file an enforcement motion seeking to enforce the previous placement schedule. If you do not, you need to file an action to establish paternity, and if paternity is... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: I have court ordered placement 3 hours a week. Can my ex deny my requests for more placement?

I have placement 3 hours a week it was a final judgement order. There’s no parenting plan. I want my child on weekends as well. Can my ex deny my extra visitations?

David N. Iancu
David N. Iancu answered on Nov 16, 2019

If your court order does not allow for additional times of placement then your ex can deny you. Depending on when your final judgment was issued, your best bet would be to file a motion to modify placement and seek additional expanded placement with your child(ren).

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.

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