Custody has nothing to do with placement or visitations. Custody in Wisconsin is the ability to make decisions over the child. If his name is on the birth certificate but you two were never married, then he does NOT have custody rights or placement rights. So, yes you can deny him placement.
He will have to file a Paternity action to have an order for custody or placement. If he has a drug problem, he may not be in a hurry to do that.
FYI: your attorney would be able to demand a...
There is a lot more to my answer then the following but...
She would not have standing to bring an action in court. Even a paternity action would likely be denied because it would require prior restraint of some kind. As long as you have not been taking drugs, she would have no grounds. Even if you had, it would be the state that would have to complain.
If she is that desirous to have the child... then maybe it is time to threaten to leave and refuse her access to the baby. Maybe...
Wisconsin uses terms differently then the rest of the nation.
Custody = Legal Custody = the right to make decisions for the child.
Visitation ->> has been replaced with Placement = Physical placement = time the parent gets to spend with the child.
Custody does not impact child support.
Placement does. The best description is available on the state's web site.
Search on "WI DCF150" that should give you all you need to know.
Stop back and ask further questions if it isn't clear.
Your attorney should do so. Further, you should be filing a cross contempt for anything she has not been doing according to the MSA/ Judgment of Divorce. It is better to get all of it out at one time if at all possible.
If you have time to you can Demand Disclosure with a Demand of Production of Documents, Subpoena(s) or if the material is just Q&A Interrogatories.
They may still not answer. Then a Motion to Compel may be required. As a sanction you would ask that no statements counter to your evidence be permitted.
There is a lot to this. You should really obtain an attorney and let them do this for you especially if you are leaving the country.
Not likely going to have the husband pay for the filing fee. I have never seen this done.
This would be an extreme process issue for them. For they would need to somehow flag the account, not file the action, and yet have a hearing on the matter. Which would really be a mess.
BUT if you are having financial problems the court can waive the filing fee.
Talk to the clerk of court in the county you want to file in, and hopefully she will get you the proper forms. The county waives...
OK, lets see if we can fine tune this a little.
An agreement can be made by stipulation, and though we prefer to have the parties sign it, we can in the alternative have both parties say under oath before a court reporter (either in court or even in a deposition) that they agree. It will be good enough for the family court.
That is what happened in your case. They took your testimony on the record that this is your agreement and then incorporated it without the signatures of the...
The family court is a court of equity so they are not likely to hear those issues at all. Sorry.
But if it gets past mediation and a GAL is appointed, you can certainly let them know about all this. Between you and the GAL anything goes. But... that doesn't mean they will use the information. But it is sure good to vent.
Good luck with your Paternity Action.
Previous counsel assumes you do not have property to offset the 401ks against. It is sometimes handled as one of the spouses gets the house (lets say) and the other gets the 401ks.
I have had two cases like that just recently.
Domestic volence occurs when two people have had a dating relationship and there has been a disturbance. It can cover just about anything (I wish I was kidding). So it does apply to you if you dated and you were charged.
Having a Public Defender isn't bad they can have resourses to have a Private Investigator investigate your charges. I would expect they have done that by now. Ask them if they have. They should show you the results. They should advise you of the specific charges,...