Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Neenah Divorce / Separation Lawyer.

Contributor Level 12
  1. Why do the plaintiff files " request for dismissal " ?

    Answered over 2 years ago.

    1. Robert Harlan Stempler
    2. Nicholas J.B. Pasquale
    3. Paula Brown Sinclair
    3 lawyer answers

    so many possible reasons and too few characters available on this site to explain them all. could be as simple as the plaintiff not wanting to proceed.

    5 lawyers agreed with this answer

  2. Moving out of state wit my son.

    Answered 8 months ago.

    1. Nicholas J.B. Pasquale
    2. Todd A. Snow
    2 lawyer answers

    If the court order grants any physical placement rights to the father, then you would need to provide the father with 60 day written notice of your intention to relocate. Notice would have to comply with certain requirements. If the father has no physical placement rights whatsoever, not notice is needed. See Wis. Stats. sec 767.481 for more information. Hope this helps.

    Selected as best answer

  3. My husband deserted my son and i in 2000 along with a piece of property can i transfer it to just me, he lives in another state.

    Answered almost 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Judy A. Goldstein
    2 lawyer answers

    If you and your husband are both on the deed, you both would need to sign a new deed transferring the complete interest in the property to you. However, even if you were able to accomplish this during the marriage, the property remains divisible between the parties in a divorce action. You should contact a divorce lawyer in your area. With as much time that has elapsed since your husband left and with you paying the bills for that long, you have a wonderful argument that the home (its equity,...

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  4. Question about Right of First Refusal

    Answered 4 days ago.

    1. Nicholas J.B. Pasquale
    2. Alan James Brinkmeier
    3. Tony Anthony
    3 lawyer answers

    In Wisconsin, you would have to file a motion for enforcement of the judgment. This can be done either by filing an Enforcement of Physical Placement Motion with the Court (wherein you can ask for various types of relief including a finding of contempt) or a Contempt Motion. Contact an experienced family law attorney in your area for further information.

    3 lawyers agreed with this answer

  5. I have been living with my mother all year due to financial problems. Can she kick me out w.o notice?

    Answered 4 months ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    Since your home is in your mother's name, yes, she can kick you out - but not in the way that you may think. You are techincally a "tenant". Your "rent" is payment of the utilities. Your mother could file an action to evict you from the property if you were to stay in the home after receiving a 14 day notice of termination of tenancy. You have a temporary right to occupy the premises, but that can be severed by the owner of the property. I hope this helps.

    3 lawyers agreed with this answer

  6. Would like to move children out of state

    Answered 5 months ago.

    1. Nicholas J.B. Pasquale
    2. Dawn T. Shaha
    3. David S. Kowalski
    3 lawyer answers

    There is nothing prohibiting you from moving out-of-state with the children. Once an action for divorce is commenced, you are prohibiting from moving out-of-state or more than 150 miles from the other party unless you have permission of the Court. Until then, nothing stops you from moving. I caution all of my client's, however, to keep in mind that unless there is an overwhelmingly compelling reason to justify the relocation, the Court in the divorce action can order the return of the...

    3 lawyers agreed with this answer

  7. Can Wisconsin arrears for child support plus current be lowered?

    Answered 6 months ago.

    1. Nicholas J.B. Pasquale
    2. Todd A. Snow
    3. James CW Bock
    4. Teri M. Nelson
    4 lawyer answers

    If your income has changed since the last time the Court reviewed child support you can file a motion to modify the support order. Also, you may have other arguments that would support an adjustment of your obligation. Contact an experienced support attorney in your area for a review of your specific circumstances.

    3 lawyers agreed with this answer

  8. HOW DO A FATHER STOP MOTHER FROM GIVING CHILD UP FOR TEMPORARY CUSTODY TO GRANDMOTHER ?

    Answered 8 months ago.

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

    If you have been adjudicated the father (this assuming you and the mother were never married), you can file a motion with the Court asking that the child be placed primarily in your care. If the mother has primary physical placement and sole legal custody, this is the only mechanism you have to intervene in the mother's decision to place the child with the grandmother. If your name appears on the birth certificate, but no court has entered an order concerning custody and placement of the...

    3 lawyers agreed with this answer

  9. My 2nd wife filed for divorce, using my attorney from the divorce proceedings with my first wife. conflict of interest in WI?

    Answered 8 months ago.

    1. Steven J. Weber
    2. Joseph Robert Kennedy
    3. Nicholas J.B. Pasquale
    4. Jeffrey W. Jensen
    5. Robert C. Daly Jr.
    5 lawyer answers

    I would file a motion with the court to discharge the attorney from representing your wife.

    3 lawyers agreed with this answer

  10. Does judge ask mother in paternity court if she had a sex with other man except father of child?

    Answered 9 months ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    Yes, you will be asked if you had intercourse with anyone during the conceptive period, but request a DNA test.

    3 lawyers agreed with this answer

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