Enforce Custody Orders in Wisconsin
If a parent is violating the agreed upon terms of the child custody agreement, that parent can be held in contempt of court and may face fines or jail time.
In some cases, the offending parent may also be required to reimburse for attorney fees and damages. Fines are more common than jail time as the violations often don't warrant such severe punishment. Not to mention that removing a parent from the child's life would go against their best interests.
You Will Need Proof – Document Everything!
If you're in a situation where there are repeated violations of your custody agreement, proper documentation detailing the violations is going to go a long way in helping your case.
The more details you can provide, the easier it will be for your attorney to make a case. Include dates, description of the circumstances, and any additional facts pertaining to the violation. If you have paperwork that backs up your claims, like a police report, make copies and provide them to your attorney.
Petition for a Guardian ad Litem
A Guardian Ad Litem, abbreviated GAL, is a special attorney who will represent an individual in court who is unable to represent him or herself. Often used to represent minors, a GAL may also represent infants or mentally handicapped or incompetent individuals. The GAL has no legal rights over the child and does not serve as a legal guardian.
The most common cases that may require a court-ordered GAL are child custody, child neglect and child abuse trials. Their sole responsibility is to advocate in the best interest of the individual they are representing.
Typically when parents can't find agreement on the custody and placement of a child, a GAL will be appointed for the child from the county. The GAL will act in an impartial manner to give a primary custody recommendation to the judge.
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!
Can I Refuse to Let the Other Parent See the Children?
No, even if they owe for unpaid child support, custody and placement is a court order. However, certain situations, such as protecting the child from harm, might justify violating a court order. If you plan on violating the court order, it's recommended to speak to an attorney.
Frequently Asked Questions
How do I file contempt of court in Wisconsin?
Contempt of court is a post-judgment action. The necessary documents such as the Order to Enforce Physical Placement Order can be found on the Wisconsin Court’s website under Family Post-Judgement Actions.
Can a child refuse to see a parent in Wisconsin?
No, a child cannot choose not to see a parent if the court orders them to. The court will do what they believe to be in the best interest of the child. That isn’t always what the child wants though.
What is considered an unfit parent in Wisconsin?
An unfit parent is a parent that cannot take care of the child. This could be due to reasons such as child abuse, drug addiction, or other criminal acts.
How do you change custody of a child in Wisconsin?
To change child custody, you file the necessary paperwork with the clerk of courts. Child custody can only be modified after two years have passed since the original agreement.
Will police enforce child custody in Wisconsin?
The police will enforce a custody agreement if you believe your child is in immediate danger. Otherwise, they need a court order to do so.