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Jan 07
2006
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Question:
My ex-girlfriend agreed to let my son (4yrs) and daughter (6yrs) come live with me due to her being pregnant with her fourth child from her third relationship in 4 years. We filed stipulations for each child. My son
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Dec 07
2005
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Ask a Lawyer: Out of resourcesPosted by Dads Divorce in WI , Visitation , Parenting , custody , custody , Ask A Lawyer |
Question:
I am at wits end on what to with this situation. My ex has moved to a different state, Texas, and I live in Wisconsin. Our divorce is in Indiana and I pay support to that state. Also, she has lived in Texas for 4 years now and I have not seen my child since she was nine months old. She refuses to follow the court order visitation. I do not have an address on her or phone number. I took her to court once in Indiana for contempt but they refused to do anything because she lives in Texas. I do not have the financial means to take her to court in Texas in order to change venue. What other options can I do I have that are less costly but still effective?
Answer:
Allow me to preface my answer with the fact that I am not licensed to practice or give legal advice regarding the laws of Indiana or Wisconsin. Once she was in Texas for in excess of 6 months, Texas took jurisdiction of your child. Your only choice is to register your judgment in Texas and take her to task on her violations in Texas. No other court has juridsiction to do so at this point.
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Mar 08
2004
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Ask a Lawyer: CustodyPosted by Dads Divorce in WI , Visitation , Parenting , custody , Ask A Lawyer |
Question:
My wife and I have been divorced for about 5yrs the divorce took place in New Mexico because that is where she lived at the time. I have always lived here in Wisconsin. She also lives here and has for at least 3yrs. We have joint custody but she has primary placement of our son but she keeps moving around a lot. My son has been in 5 schools just this year alone. I want to fight to make them stay here in Racine county or I would like full custody or him or primary placement however that may work she is not an unfit mother but very unstable and he should be here with me I have lived in the same home for 16yrs and same job for going on 14yrs. She does not even have a job at this time.
Answer:
I am not licensed in New Mexico or Wisconsin. However generally the court will be entitled to receive jurisdiction once the child and primary parent have been in the state for 6+ months. You should file a Motion to Register Foreign Judgment, with respect to your divorce Decree. Then you can file a motion to modify regarding the need to transfer the right to determine the residence of the children with your local court.
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Nov 29
1999
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Question:
Me ex has filed a motion after 3 months of children being in my custody. The GAL , Judge and Custody Evaluator said to her lawyers secreatary that she better have a substantial change in circumstances. At this point I have faxed most of the stuff to cover the allegations. She also after I wouldn't agree with what she had wanted, and told me she would go for full placement if i did not agree, went and sent in a motion for immediate removal of the children due to abuse. Is there something I can file to get my information in to the Judge and GAL of my concerns. I do not want to take anymore from her because she only has every other weekend. I just want to make sure that I can address my concerns with her home, and behavior the past several months and so on. She has a lawyer, but I did not want to get one if I did not have to. IF this goes to trial I will be obtaining one. The trial is set for October already. The GAL has not met with the children yet either. Nothing has changed in our home since the signing of the order the first time around. I just want to know if there is anything that I can do to get in my information without looking like I am whining to the courts. Thank you for your time.
Answer:
I cannot advise you specifically to the laws and procedures of your State as I am not licensed in Wisconsin. In my jurisdiction, you can submit the evidence and documents that you have in your possession to the GAL prior to a hearing, but evidence is generally only introduced to the judge at a trial. The court will receive required documents such as pleadings and financial documents, but not "evidence" such as school records, doctors reports ect until the trial or shortly before depending on the local rules. I would suggest that you retain an attorney immediately. It is not at trial that a case is won or lost, but what occurs before and leading up to trial. A custody case can take months to get the evidence together. I understand that she probably does not have much of a case only three months after the divorce, but you need representation now, not a month before trial. A month from trial you will not be able to find a reputable attorney to take the case.
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Nov 29
1999
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Ask a Lawyer: What if a spouse is cheating with her lawyer?Posted by Dads Divorce in WI , Visitation , Parenting , divorce , custody , Ask A Lawyer |
Question:
My daughter-in-law has had 6 affairs in the years that she has been married to my son. They have been married for 8 years. They have now been separated now for many of those years these affairs have occurred. They are finally getting a divorce. She has had an ongoing relationship with her current boyfriend for more than 2 years. She has 3 children, one of which is my son's. She is now having an affair with her lawyer. Can my son sue for full custody of his child? She brings home one man after another. She broke up with her current boyfriend only one month ago and already is moving in with her lawyer. Does the judge want to hear about these infidelities?
Answer:
I am not licensed to practice law in Wisconsin. Your daughter-in-laws infidelities may not be relevant unless Wisconsin is a fault state. If Wisconsin is not a fault state then her affairs will not matter. No-fault states only require that you claim irretrievable breakdown of the marriage or irreconcilable differences as grounds for divorce. To the extent that her affairs have caused instability in her life and that of the children it may be a factor in the custody of the children.I would be concerned about the ethical consequences for her lawyer if he in fact have a relationship with her. Generally, this is frowned upon and could result in discipline from the bar in your state. Finally, I would recommend that your son consult an attorney in Wisconsin as the law will vary.







