Can he take our son out of school? What can I do?:
My ex hasn’t taken our two kids for the court ordered time in over 5 months. When it was set, he lived down the block and our oldest was not yet in school. I was given sole legal custody and primary placement. Now he lives 3 hours away with his mom supporting him.
Suddenly over Christmas he decided he wanted them during his court ordered time. Fine. But when him and his mother showed up to pick them up it was ridiculous drama and they were recording me (part of the reason I had a domestic abuse restraining order on my ex) and the cops had to be called. My ex was arrested for a warrant and or kids went with them after his mom bailed him out.
Tomorrow is his court ordered day. He is supposed to take them every Wednesday from 8am-6pm and every other weekend Friday 8am- Sunday at 6pm. But our son has school. He’s demanding to take them or he will take him out of school. I told him he isn’t missing school. He’s a sick kid and has missed a lot and he starts his special ed classes tomorrow.
Also, I work tomorrow. And I can’t afford a 3 hour drive back and fourth because I support our kids by myself without any child support (he’s $4,400 behind) and his parents drive him around.
R.’s answer:
If you call the school and advise them of the situation they will likely side with you. They need to be provided a copy of the Court Order saying you have Sole Legal Custody for them to look to you alone for decisions. Provide them a copy of the order that does that.
THEN... file a motion to modify the placement order given the change in school attendance days and times. The FCC will work some placement schedule out that does not interfere with the child's school attendance. But do so quickly.
The standard form is FA-4170V and the link is at
Do I have a case for full legal custody with visitation of my son (2 years old)?: My sons father has another girlfriend that is currently pregnant. He lives 2.5 hours away from our son in Illinois. I live in Wisconsin. We settled out of court on joint legal custody with myself having primary physical custody. I would like full legal custody and grant him visitation when he would like to see our son and will drive up here to see him. I have an OWI first offense so I am worried it will hurt my chances of full legal custody. The OWI was a year ago and is a serious traffic offense in Wisconsin.
R.’s answer:
I agree with previous counsel. You have a better chance of being elected Governor than to get sole legal custody without a stipulation or domestic violence (which is statutory).
You having primary placement is also the best you can get because the state wants both parents in the child's life. So they have historically even given dad placement (supervised) when he molested his own children. Needless to say highly not likely to occur.
Restraining orders : I have a 24 year old son this girl he hangs with is always in and out of jail for drugs and has my son doing it now she got out of jail called my son to take him for drugs they got pulled over now he's in jail I want her away from him how can I go about doing this? Everytime I have him on the right track she calls and then he gets in trouble he loves her I can't get him to understand what true love really is i want her away from my son.
R.’s answer:
You cannot get a restraining order for a 24yr old child. The courts expect them to do this on their own. But even if you could it does not sound like there are grounds for one here.
WI STAT 813.12xx controls. You might want to read this link.
https://docs.legis.wisconsin.gov/statutes/statu...
FYI... You would be able to add the conditions to her bail, bond or probation. Those efforts would be time better spent.