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Wisconsin Family Law Questions & Answers
1 Answer | Asked in Divorce, International Law and Family Law for Wisconsin on
Q: I'm mexican with a valid turist visa, I got married in SC, how can I get the divorce? he still lives in SC.

I am a mexican with a valid turist visa in now staying in the state of Wisconsin, but i got married in South Carolina and my still husband resided there. I wanted to know if is possible to get the divorce from him, I mean I want to, but I do not know how because I am a turist. I lived in York SC... View More

James L. Arrasmith
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answered on Jul 10, 2023

As a Mexican citizen with a valid tourist visa, you may be able to pursue a divorce in the state of South Carolina where you got married, even if you are currently residing in Wisconsin. Divorce laws vary by state, so it's important to understand the specific requirements and procedures in... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Wisconsin on
Q: How do i make a case stronger when it comes to proving child abuse happening against my 2 year old from her dad

I filed a TRO for my daughter due to 3 witnesses stepping forward to abuse they saw, heard or were told about that was happening to my 2 year old. I took it to court but i lost the case and they told me i didn't have enough evidence and that spanking a child was not against the law. my child... View More

Jane E. Probst
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Jane E. Probst
answered on Jul 1, 2023

Sometimes, depending on the age of your child, the best thing to do is to find a therapist for your child. A Therapist is a mandatory reporter for abuse and would be able to have much more insight and credibility.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the other parent get custody of child if this parent never had custody or is on the birth certificate
Jane E. Probst
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Jane E. Probst
answered on Jun 14, 2023

The other parent would need to file a petition to be adjudicated the parent of thie child.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Order states "7 day vacation in conjunction to the already scheduled 4 days." Is that 4 scheduled days PLUS the 7?
Jane E. Probst
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Jane E. Probst
answered on May 21, 2023

This is rather awkward wording. It appears that it would be seven days in addition to four days. This is surprising because most Marital Settlement Agreements state that you need to schedule your vacation over your scheduled weekend of placement.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can I go after my ex for more support if he is in probate and expecting an inheritance?

Wisconsin can a modify support

Jane E. Probst
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Jane E. Probst
answered on May 5, 2023

An inheritance is considered separate property and not for maintenance. I

1 Answer | Asked in Family Law for Wisconsin on
Q: Does a Family Court Commissioner have the authority to order that I file my tax return by specific date?

FCC entered an order stating I had to file my tax return by specific date and provide it to the other parents lawyer within 10 days of it being filed so they can determine the attorney's fees I will have to pay. The order says I have to pay attorney fees, but does not state the amount I will... View More

Jane E. Probst
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Jane E. Probst
answered on Apr 22, 2023

Yes, the Commissioner may enter such an Order if there is an award of attorneys fees and the Commissioner is looking for a source of money from you from which to pay.

1 Answer | Asked in Libel & Slander, Family Law, Real Estate Law and Civil Rights for Wisconsin on
Q: Can I legally record a co owner in my home when she is yelling through the door or calling me by name in my house?
Jane E. Probst
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Jane E. Probst
answered on Feb 6, 2023

Wisconsin is a one party state. You can record as long as you are part of the conversation.

1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: My husband's father passed away in May 2022 in Texas, with no will. Does my husband have any right to his estate.

My husband was the only child, and his father was remarried. At the time of his passing his step- mother said my husband would get about $30,000 from his JP morgan account and since then she has made her son from a different marriage power of attorney. The stepmother now acts like she never said... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 1, 2023

You should contact a probate lawyer who practices in or near the city/county your father-in-law passed. Discuss in detail your situation and see what said lawyer advises. It is worth the cost of a consultation to get information. Good luck.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Fraudulent allegations ofp made, consequences to petitioner?
Jane E. Probst
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Jane E. Probst
answered on Nov 27, 2022

This question is not clear. There is aneed for more information prior to responding.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Wisconsin on
Q: Can our Grandsons mother stop let us see our grandson with no warning? Our son died in 2020 and they were never married

Since 2020, he has come to stay every other weekend until 3 months ago, something changed and we've seen him once.

Over this last summer, she didn't let him stay half the summer like before because he's watching his 4 small siblings while her and her boyfriend work.... View More

Jane E. Probst
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Jane E. Probst
answered on Nov 27, 2022

You can file a Motion for Grandparent Visitation for a Court Ordered schedule to see him if she is denying you contact.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Will my marriage be void if I remarry out of state?

I am currently getting my divorce finalized for the state of Texas. I spoke with a Texas attorney and was told I would have to wait 30 days to get remarried. I am fine with that. When I looked online for a Wisconsin marriage license, I saw that I would have to wait 6 months before I could get... View More

Jane E. Probst
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Jane E. Probst
answered on Sep 18, 2022

If you are divorced in the State of Texas, the law of that State will apply. That would mean that the waiting period to remarry would be controlled by the laws of that State, not Wisconsin.

1 Answer | Asked in Family Law for Wisconsin on
Q: How to go about terminate parental rights of my son

I am not a stable person to be a mom. I'm always moving around. Can't work. Waiting for ssdi . Haven't been In his life all of his life. No communication with him or his dad in almost a year and all of my other kids got took from me. My mind is not right and my body isn't either

Jane E. Probst
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Jane E. Probst
answered on Aug 29, 2022

Whether you can terminate your parental rights is complicated. First, who has your child? Is it the father? Has he remarried? If so, he would need to be the one to petition for the termination of parental rights and a step-parent adoption. Someone needs to be able to step into your shoes as the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Does my daughter have to return to her father's if he violated the custody agreement and she is uncomfortable/ stressed?

My 14 yr old daughter (starting 9th grade) has made it very clear that she does not want to be at her father's, due to dismissal of feelings and uncomfortability with stepmother and manipulation to go live with them out of state. She has missed her monthly period due to stress of being there... View More

Jane E. Probst
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Jane E. Probst
answered on Jul 31, 2022

You should consult with an experienced family law attorney in your area. To modify placement, you will need to prove facts that establish that there has been a substantial change of circumstances since entry of the current placement Order, and that a modification is in her best interests.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: What to do if other parents telling 10yr old about court hearings, child support, terms of visitation, etc. ?

Moms on limited visitation, 5 hrs e/o Sat&sun in public settings.2kids together.My 10 yr old is asking me about court dates coming up, child support, why they only see mom in public etc. Every time they come back from a visit something new is brought up that kids shouldn't be involved... View More

Jane E. Probst
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Jane E. Probst
answered on Jul 19, 2022

Children are not to be told about Court proceedings. You should address this with the Court and Guardian ad Litem, if one is appointed.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the judicial assistant change the order 2 days before court?

I'm being held in contempt of court and I followed the purge instructions via the order. Now the judicial assistant called me and said that they need a certified letter dated two months back in order to prove that I mailed in documents to the irs. She did not ask me for this information during... View More

Jane E. Probst
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Jane E. Probst
answered on Jul 7, 2022

It appears as though the Judicial assistant is trying to help you by requesting verification that you met a purge of your contempt.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: My children's mother just received a large divorce settlement from her next marriage. Can I claim child support on it?

no child support now. similar incomes. joint custody and placement.

Jane E. Probst
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Jane E. Probst
answered on Jun 23, 2022

No. That is a property division that took place for assets after your marriage. Child support she would be paid from the recent marriage would be for the benefit of the children from that marriage. If she received income producing assets in the property division of the recent divorce, that... View More

1 Answer | Asked in Domestic Violence and Family Law for Wisconsin on
Q: My ex husband was arrested for 1 947.01(1) Disorderly Conduct Misd. B Modifier: 968.075(1)(a) Domestic Abuse

Recently had a court date extended but had to pay a signature bond with conditions. The conditions. He was not to come in contact with my home, vehicle etc except texts to exchange kids. I have a text to prove he was in my home. Now what

Jane E. Probst
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Jane E. Probst
answered on Jun 22, 2022

You need to contact the police to report this. If he violates conditions of the signature bond, it will be revoked or modified.

1 Answer | Asked in Family Law for Wisconsin on
Q: My biological father and his wife are trying to get grandparent visitation orders from the court for minor child.

At mediation I said every other Saturday but I haven’t signed the papers yet. Can I not sign them and just go to court? Also I need a lawyer and I have to write an answer to chapter 802 Wisconsin statute. Don’t know how.

Jane E. Probst
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Jane E. Probst
answered on Jun 13, 2022

A mediated agreement is not an Order of the Court until you have signed a Stipulation and it has been filed with the Court. Because of new grandparent visitation case law, grandparent visitation is not an automatic right. This is why you should consult with an experienced family law attorney.

1 Answer | Asked in Family Law for Wisconsin on
Q: How do I write a written answer to Chapter 802 of the state of Wisconsin Statutes.

I don’t have a lawyer as I can’t find one who does well I received a petition for grandparent visitation of minor child

Jane E. Probst
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Jane E. Probst
answered on Jun 13, 2022

In a written answer to the grandparent visitation, you need to respond in writing and admit or deny each allegation contained in the petition. You can then request dismissal of the action.

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