Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Neenah Divorce / Separation Lawyer.

Contributor Level 12
  1. How is halfway meeting place determined for dropping and picking up child?

    Answered 8 months ago.

    1. Nicholas J.B. Pasquale
    2. James CW Bock
    3. Alan James Brinkmeier
    3 lawyer answers

    There is no hard and fast rule for dealing with location for placement exchanges. The court has tremendous discretion powers, meaning it can make an order on the issue based upon how it sees and weighs the facts it deems relevant. Ultimately, the court will will balance the needs of the child against the inconvenience of the parties; usually this means the partied meet at a distance equal middle point or each party picking up the child from the others residence when placement begins. The...

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  2. I want to move out of State with my 5 month old. I have physical custody of her, but the visitation is open.

    Answered about 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Howard M Lewis
    3. Teri M. Nelson
    3 lawyer answers

    If a paternity judgment has been issued by a Court in Wisconsin, in all likelihood the judgment awards you with primary physical placement and the father with periods of physical placement at reasonable times and upon reasonable notice. If this is the case, sec. 767.481 details the steps you must take before moving: If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not...

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  3. Can my husband remove items from our home if we haven't filed for a separation or divorce yet?

    Answered 3 months ago.

    1. Nicholas J.B. Pasquale
    2. Robert C. Daly Jr.
    3. Ellen M. Ronsman
    3 lawyer answers

    As no action for divorce or legal separation has commenced, there are no orders prohibiting either spouse from removing jointly held property from the home. Even of there is a removal of property happens pre-filing, a party will likely have to account for any items removed once an action for divorce or legal separation is commenced. I hope this helps.

    4 lawyers agreed with this answer

  4. A girl had proposed me 2 years back..she told me that she was my fan..and messaged me every day..i didn't care about it in the b

    Answered 5 months ago.

    1. Nicholas J.B. Pasquale
    2. Nick Passe
    3. Dawn T. Shaha
    3 lawyer answers

    I don't know how much help a lawyer can give you as the situation you describe does not give rise to any legal issues. By your statement of facts, you have no legal obligation to support or care for this individual. You may wish to consult someone such as a therapist or pastor for guidance on how to exist this relationship.

    4 lawyers agreed with this answer

  5. Can a non-custodial parent remove children from extra-curricular activites if they interfere with his scheduled time?

    Answered 8 months ago.

    1. Nicholas J.B. Pasquale
    2. Robert C. Daly Jr.
    3. James CW Bock
    3 lawyer answers

    Easiest way to resolve the issue is to file a motion requesting the court to order him to take the child to the activities, or at minimum, allow you access to the child on his days so that you can take her to the events.

    4 lawyers agreed with this answer

  6. Can my incarcerated husband appoint his girlfriend POA to handle our divorce

    Answered 11 months ago.

    1. Nicholas J.B. Pasquale
    2. Steven J. Weber
    3. Teri M. Nelson
    3 lawyer answers

    She can show up to court as divorce hearings are open to the public. She cannot act as your husband's advocate unless she is an attorney licensed to practice in the state of wisconsin. Your husband can still participate in the divorce proceedings even if incarcerated.

    4 lawyers agreed with this answer

  7. I have been married for three years i did not get a name change, can i still take my husband name after that long?

    Answered almost 2 years ago.

    1. Nicholas J.B. Pasquale
    2. James CW Bock
    2 lawyer answers

    Yes, and you can do so without a filing a traditional name change civil action. You will need to present your marriage certificate to agencies (dvm, social security, etc.) to get issued new documents with the assumed spouse's last name. I speak from personal experience on this one.

    4 lawyers agreed with this answer

  8. I just found out that I have a 20 year old son - Am I liable for back child support?

    Answered almost 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Jeffrey W. Jensen
    3. James CW Bock
    3 lawyer answers

    No. Since you had no knowledge of the child, you most likely did not acknowledge paternity; and since there was no establishment of paternity, you had no legal obligation to support the child. Keep in mind that right now you have no rights relating to the adult child, in particular, inheritance rights.

    4 lawyers agreed with this answer

  9. What can I do to legally protect my children??

    Answered about 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Jane E Probst
    2 lawyer answers

    First, if you are concerned about the saftey or welfare of your children in your ex's home, you should contact child protective services in your county and report the incidents to them. If the allegations you make can be substantiated, they may request the District Attorneys Office file a Child in Need of Protective Services action and the issues and corrective measures can be address in that action (a court order in a CHIPS action trumps a family court placement order). If protective...

    4 lawyers agreed with this answer

  10. My EX got half my pension then remarried. Can I get my full pension back??? I'm not retired yet, nor is she!

    Answered about 2 years ago.

    1. Nicholas C. Zales
    2. Nicholas J.B. Pasquale
    2 lawyer answers

    Property division is final as of the date of divorce. However, if you have received new information suggesting that the ex lied/misrepresnted to the court during the divorce process concerning her assets which could/shoud have been considered by the Court, you may have a claim to vacate the divorce judgment. This would depend in large part on what information you have obtained and when you obtained it. Otherwise, you are stuck with the judgment that was issued.

    4 lawyers agreed with this answer

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