Child Custody Case Law Archives | Sterling Law Offices, S.C. Child Custody Case Law Archives | Sterling Law Offices, S.C. global $post;
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Can I Inherit From a non-Biological Parent?

Question Details: Without going into too much detail, I was raised by my biological mother and stepfather. I used his last name, and he acknowledged me as his son. He passed away and left no will. Can I inherit property if I am not his biological son? Family Law...

Can I make a motion to vacate a stipulated order?

– from Victor E. in Elm Grove, WI Question Details: My ex-wife and I agreed to a stipulation during our divorce concerning custody. I received custody of both children and she was awarded maintenance. After a year, I let the children go live with her. We went...

Can I request sole custody when we currently have joint custody?

– from Ernest J. in Dousman, WI Question Details: When my wife and I were divorced, we agreed to joint custody. This was put in the final divorce judgment. However, I feel that it is in the best interest of our child that I have sole custody. Based on the...

Can I request the court to limit visitation rights to Wisconsin?

– from Marie R. in Oak Creek, WI Question Details: I currently have full custody and placement of my son. His dad has certain visitation rights currently, but he's thinking about moving out of the state. If he moves, he still expects to have the same visitation...

Can a close uncle and cousin request visitation rights?

– from James O. in Polk, WI Question Details: My wife received full custody of our child and doesn't want my family to have any contact with my daughter. However, my daughter was really close to my brother and his own daughter. Would they be able to receive...

What happens when evidence is disputable?

– from Alice E. in Bayside, WI Question Details: My husband and I are going through a divorce, I feel he is going to bring in evidence of why he should have placement for our children. However the evidence may be disputable. If evidence is ambiguous, what...

What must I prove for a change in custody?

– from John P. in Erin, WI Question Details: I currently have full custody of my son, but know that it is better for his future to live with his mother as she lives in a better school district and a safer neighborhood. I am fine with paying child support. What...

Do the courts always decide the physical custody of a child?

– from Frances W. in Shorewood, WI Question Details: My ex-husband and I currently have joint custody of our daughter. However, we are starting to disagree about where she should primarily live for her school. Is this something we need to figure out ourselves or...

Can I move even if it may impede visitation?

– from Carolyn I. in Wales, WI Question Details: When my husband and I divorced we agreed on joint custody, but I received physical placement of our children. We did agree that he would have full access to the children, including visitations as he sees fit. Now,...

Can my ex-wife take our child out of state?

– from Bruce X. in Richfield, WI Question Details: When we divorced, my wife and I agreed to a stipulation that gave us joint custody. She would have physical custody and I would have reasonable visitations. Now she is trying to move out of Wisconsin. That would...

Does a court in a foreign country have jurisdiction?

– from Keith N. in Greendale, WI Question Details: My wife and I are both in the military. We received orders to be stationed in different parts of the world. Our child lives with her. She filed for divorce and custody while over seas and was granted both. I'm...

Can the court restrict the geographic location of visitations?

– from Ralph T. in West Milwaukee, WI Question Details: The mother of my daughter and I were never married. We never went to court for custody or anything. My daughter lived with her mother for the first year after we split up while she moved around. When times...

Can I request a physical custody order be revised?

– from Eugene X. in Hartland, WI Question Details: My wife and I are now divorced. We were awarded joint custody of our son, but she was awarded physical custody. I don't see how this works considering I am supposed to have equal custody. Can I request a...

Can the court decrease child support if I move away?

– from Amy M. in Wayne, WI Question Details: I was recently divorced and I received custody and was awarded child support. I agreed to a stipulation with my husband that I would keep the children within 50 miles of where he lives for visitation purposes. Well,...

Can I be granted visitation for my nephew?

– from Fred F. in Polk, WI Question Details: When my sister got into trouble a few years ago, she gave me her child to take care of. We did not go to court or anything. I took care of my nephew for about three years. My sister recently came back and was able to...

Will she get custody?

– from Louis K. in Barton, WI Question Details: I am a divorced father of three kids. At the time of divorce, my ex-wife was awarded custody. After about a year, she began to have difficulties with them, so we went to court and agreed to a custody change. I had...

Does the court have to honor our agreement?

– from Walter L. in Newburg, WI Question Details: When my wife and I divorced, the court awarded the joint custody we had both agreed to. I retained physical custody. Child support was not sought or awarded. About a year later, one of our children...

Do I have the right to record my court appearances?

– from Edward I. in Oak Creek, WI Question Details: I am contesting a portion of my divorce judgment pertaining to child support and custody. I feel the courts are making a mistake in their judgment. Do I have the right to bring a hired court reporter to...

Can I get visitation rights in regards to my niece?

– from Diana Y. in Ottawa, WI Question Details: My niece was about a year old when her mother, my sister, was facing some difficulties with her life. I volunteered to help my sister out by taking unofficial custody of her daughter. I raised my niece...

Can she take the children out of state?

– from Daniel Z. in Merton, WI Question Details: My wife and I divorced about a year ago. She was given custody of our three girls. I was awarded weekly visitation. Everything was working out great, but now she wants to take the children out of state....

Can I get visitation rights to a stepchild?

– from Richard Q. in Lisbon, WI Question Details: My ex-wife had a child with a previous boyfriend in another state. She left him, took the child, and moved here to Wisconsin. We met and were soon married. When the child's father asked for a custody change,...

Can I record my hearing with the family court commissioner?

Question Details: I am representing myself in a custody hearing case and wanted to record our hearing so I can go through it afterwards. Is this allowed? Family Law Attorney Response: Thank you for your question. You are allowed to record hearings for your own access,...

Can I get the courts to change the physical placement of my child?

– from Ernest O. in Greendale, WI Question Details: My ex-wife and I have joint custody of our son. Right now the majority placement is with her. However, we live in the same city and I want to have more placement than every other weekend. Is this something I...

Can a non-parent challenge me for custody of my children?

– from Sara N. in Whitefish Bay, WI Question Details: I am the single mother of a beautiful four year old girl. I have had a hard time recently in regards to my employment status. This has resulted in staying with friends or at various hotel rooms. During this...

Can I petition the court for a change in custody?

– from Bobby H. in Wauwatosa, WI Question Details: My wife and I divorced about two years ago. We had what you could call, a custody battle. She won, and was awarded full custody of our three children. Since then, her financial situation has changed. She changed...

What is the difference between visitation and custody?

– from Eugene C. in Wales, WI Question Details: My wife and I will most likely go through a divorce and I have a strong feeling I will be awarded full custody. However, our daughter should still be able to see her mom. What is the major difference between...

Can I have visitation rights for my niece?

– from Louis W. in Vernon, WI Question Details: My sister filed for a divorce. I am very close to her daughter who is my godchild. I frequently visited and stayed over with my children, as my entire family loves her. My sister’s husband won full custody and...

Does jurisdiction switch if custody between parties switched?

– from Benjamin K. in New Berlin, WI Question Details: My wife and I were granted a divorce in Wisconsin in 2010. She was originally granted child custody as well. I moved to Kansas. Currently, custody is in the process of being switched. Does the original...

Would it be wise to appeal for modification of child custody?

– from Beverly H. in Wayne, WI Question Details: My husband and I went through a divorce and she received custody because I did not have a stable income at the time. The judge told me to get a job and we can review custody at a later time. It has been two years...

Must I follow a judgment if I was not at the court date?

– from Christina C. in Erin, WI Question Details: My husband and I had a court date set for a final decision on custody. I did not make it as I was unavailable (although I previously agreed to the original hearing date). The judge awarded custody to my husband...

When does a third party have custody rights instead of a parent?

– from Ralph Z. in Kewaskum, WI Question Details: My daughter is going through a divorce, and I personally feel I, as the grandfather to the child, am the best choice for custody as I have a stable income and both parents have a few issues to work out. When can...

Can my ex challenge me for custody based on my lifestyle?

– from Kelly U. in Germantown, WI Question Details: I am a mother of two. I was granted custody by the court during my divorce two years ago. My ex-husband says he wants to take me back to court because I am currently living with another man with no intentions...

Can I have the placement of my child switched?

– from Janice R. in West Milwaukee, WI Question Details: After my ex-husband and I finished our divorce, he received primary placement of our child and we had joint custody. I miss my child a lot now and want to have placement split along with custody. Is this...

What types of placements are allowed?

 – from Cheryl I. in Whitefish Bay, WI Question Details: My ex-husband and I have two kids, ages eight and ten. Right now I have full placement but we have joint custody. However I want to modify this and allow him placement as he has cleaned up his act a...

Can a court use a past decision from a different state?

 – from Jack D. in Greenfield, WI Question Details: My wife and I filed for divorce and custody in New Hampshire 11 months ago. In New Hampshire, the court granted custody to me. We filed again in Wisconsin and the court granted custody to the mother. The...

We both want the house and custody, who will get it?

 – from Joyce T. in Elm Grove, WI Question Details: I know that this question cannot be truly answered by anyone except a judge, but I at least would like to know some possible outcomes. My husband and I both work full-time, and we bought our house 50/50....

Can there be a more convenient forum for a court hearing?

 – from Frances O. in Mukwonago, WI Question Details: My husband and I got a divorce in Michigan and the judge awarded placement and custody to me. My husband did make contact with the children for six years. During that time, my children and I moved around...

Is it possible to change custody and placement?

– from Marie L. in Oconomowoc, WI Question Details: My husband and I got a divorce a few years ago. The judge awarded him custody of our children. I firmly believe he is abusing our children and the environment at his house mentally unsafe for our kids. My main...

Can where I live be made part of a child custody the court order?

 – from April V. in West Bend, WI Question Details: My husband and I have agreed to a divorce. We have also agreed that I will receive custody of our three children, and he will keep the house. My husband has recently told me that his agreement is only valid if...

I have 2 children, can I make a motion for custody of 1 child?

 – from Denise W. in Milwaukee, WI Question Details: I have two children ages three, and five. My wife and I recently divorced. We both petitioned for custody, but she won. She received full custody of both children, and I received monthly visitations. Is there...

Will living independently help my child custody case?

– from Richard R. in West Milwaukee, WI Question Details: When my son was born I was forced to move back in with my parents in order to make financial ends meet. Most of the financial troubles were for medical reasons as my son had some health complications...

Can I move away with my kids after a divorce?

 – from Karen Z. in Kewaskum, WI Question Details: I’m not divorced yet but my husband and I are currently separated. We have 3 children together and I am strongly considering moving. I don’t want to be a jerk – but a new location is something that I think would...

What is a parenting plan?

 – from Anthony S. in Vernon, WI Question Details:  My wife and I are getting a divorce. We have three children 3, 8, and 13. We are trying to do the divorce without lawyers, but we do not how to fill out a parenting plan. What are the steps required...