Teri M. Nelson’s Answers

Teri M. Nelson

Wauwatosa Divorce / Separation Lawyer.

Contributor Level 14
  1. What are some of the reasons a parent could loose their placement and visitation times?

    Answered almost 2 years ago.

    1. Teri M. Nelson
    2. Jane E Probst
    3. Nicholas C. Zales
    3 lawyer answers

    It is a very rare case where placement is taken away altogether and even then in only the most extreme of cases - usually abuse. However, you may be given supervised visitation under circumstances where your actions are deemed harmful to your child. If you are talking about reduced placement time, the court usually finds that the status quo (current placement) is in the best interest of the child unless the current placement is not in the child's best interest or simply unworkable (ie someone...

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  2. Father wants DNA test after he signed birth certificate

    Answered 6 months ago.

    1. Teri M. Nelson
    2. Gary Roger Waitzman
    3. David S. Kowalski
    3 lawyer answers

    If he is already legally adjudicated in a paternity action, then it is too late to have a court ordered DNA test. If he hasn't been legally adjudicated, then you can initiate a paternity action and request DNA testing. However, if you have joint custody, then my guess there is a court order which means a paternity action. You can always obtain a private DNA test, however. The question you have to ask yourself is what does it matter? If he has legally been determined to be the father, he...

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  3. What does a child custody pre-trial look like?

    Answered about 1 year ago.

    1. Teri M. Nelson
    2. Sara Marie Grant Rojas
    2 lawyer answers

    If you have a trial in 2 weeks, the purpose of the pre-trial will most likely be (a) a last ditch effort at settlement, using the judge's "pre-opinion" if he will give one and (b) to make sure everything is set to go for the trial. What I mean by that is that is the judge will check to make sure all of the discovery is completed, deadlines have been met, witnesses disclosed, etc. He will also make sure to check that there are no last minute glitches which may jeopardize the trial. If there...

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  4. Husband has left the home but is continuing to pay all bills of the household

    Answered about 2 years ago.

    1. Teri M. Nelson
    2. Benjamin James Harris
    3. Laura A. Stack
    3 lawyer answers

    You should consult with an experienced divorce attorney right away. After obtaining all of the facts, an attorney can then give you a better idea of what the most likely result would be in a divorce, including maintenance. Our office offers a free initial consultation and handle Milwaukee county cases. Call 414-258-1644 to schedule.

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  5. How do you get divorced if someone lives in another state?

    Answered about 2 years ago.

    1. Teri M. Nelson
    2. Charles K. Kenyon Jr.
    2 lawyer answers

    Jurisdiction can be complicated. If Wisconsin has jurisdiction, you can simply file and have him served in his state. However, if Wisconsin does not have jurisdiction, the divorce may have to be filed in Kansas. You should consult with an experienced divorce attorney to review the facts of your case to determine which state has jurisdiction. Most divorce attorneys offer free initial consultations.

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  6. Can I have the venue changed in my family case if the case is closed?

    Answered over 2 years ago.

    1. Teri M. Nelson
    2. Peggy Margaret Raddatz
    2 lawyer answers

    If neither of you still live in the county, then yes you can change the venue. You need to contact the clerk of courts in the county where you currently reside. They will be able to tell you the procedure and what you need to do. It usually involves a fee and notice to your ex-spouse.

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  7. Ex got house in divorce. I hold mortage. what are my rights. Has 1/2 year yet to refincance

    Answered over 2 years ago.

    1. Teri M. Nelson
    2. Maxwell Charles Livingston
    2 lawyer answers

    You have to follow the divorce judgment. If you gave him 2 years to refinance, then you need to honor that. If he fails to do that, you can file a motion for contempt. If the house was awarded to him in the divorce, then it is his house and you can't put any restrictions on him.

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  8. Can I postpone the divorce in progress to give more time for reconciliation? If so how much time can be granted?

    Answered 7 months ago.

    1. James CW Bock
    2. Teri M. Nelson
    3. Kevin H. Pate
    3 lawyer answers

    If both parties agree, the divorce action can be suspended for 90 days. However, if the other party does not agree, the case will go forward and the judge will not postpone it solely upon your request.

    4 lawyers agreed with this answer

  9. My daughters father has agreed to give me full custody of her. Do I still need to take him to court?

    Answered 7 months ago.

    1. Howard M Lewis
    2. Teri M. Nelson
    3. James CW Bock
    3 lawyer answers

    You would need to file a stipulation with the court that the judge would sign to make those terms an order. However, you must be more clear than full custody in that Order. People often confuse the term custody in a Wisconsin. Custody means decision-making only. So, when you say full custody, you mean sole legal custody which would give you the right to make all decisions regarding her and her care. Physical placement means where she lives and visitation. Primary physical placement would mean...

    4 lawyers agreed with this answer

  10. Taking my kids back to their home state

    Answered 7 months ago.

    1. Teri M. Nelson
    2. James CW Bock
    3. Gary Roger Waitzman
    3 lawyer answers

    When you are married, there is nothing that prevents you from moving with your child providing that you do not conceal their whereabouts from the other parent. Wisconsin is still their home state under law so you are better off moving back now. He can't prevent you although he could still file something in Oregon. My guess is that the courts would likely side with you on this given the facts you set forth. You may have to wait 30 days to file something in Wisconsin although I would need more...

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