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Nicholas J.B. Pasquale
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Nicholas Pasquale’s Answers

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  • Is it possible to change the child placement with a written agreement between both parents instead of going through the court?

    I am have joint custody of my children, however, primary placement is not with me. My children are 9 and 11. I currently get to see them every other weekend. My children keep asking me if they can stay with me for a week then with the other parent...

    Nicholas’s Answer

    Absolutely, just make sure that it is a written agreement submitted to the court for approval. You can find the appropriate form on the Wisconsin Circuit Court website.

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  • If he doesn't provide half the cost of living for the child can he claim him and make a profit from taxes?

    My child's father thinks he should claim our child because it's says in the custody papers he gets to.

    Nicholas’s Answer

    If the court order permits him to claim the child, then he is able to claim the child.

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  • I need a consumer lawyer. I asked this question already. I don't want to file bankruptcy.

    Looking for a consumer lawyer

    Nicholas’s Answer

    There are alternatives to bankruptcy, such as a voluntary amortization of debts action (128), debt consolidation, and debt settlement. Contact a debt relief attorney for an assessment of your options.

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  • Do I have any rights to my stepchild while husband is in jail?

    My husband will be serving 90 days and his ex is refusing us any visits during that time. My stepdaughter is 7 and I have been around since she was one. We were married a year a half ago and have a 4 year old together. Its going to be hard for our...

    Nicholas’s Answer

    You can file a motion for third-party placement, but by the time the motion is considered by the court it is likely that the 90 day sentence will have been served. Furthermore, your third-party placement motion would draw attention to the fact that your husband was incarnated, leaving your husband exposed to possible significant changes to the placement order given the order language you described. Absent a court order stating you have time with the child, there is nothing you can do.

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  • Can I change my child's last name?

    I have sole custody and physical placement of my child. My ex has been court ordered for no placement, and has not seen her in several years. Can I change her last name to mine?

    Nicholas’s Answer

    • Selected as best answer

    You can file a name change petition, but you will need to serve the other parent with the notice and petition for the name change if the child is under 14 years old. If the other parent objects to the name change, the court will need to decide whether to grant the name change request. Given the facts you outlined, I think a court would grant the name change.

    If the child is 14 years old or older, you can file without notice to the other parent. As you have sole legal custody, it is within your authority to request the name change without the consent of the other parent.

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  • I have a judgment for a hospital bill that was not mine or any of my families. It is from over 10 years ago. What can I do?

    There is a company trying to collect on this judgment. They added someone else bill to the judgment and now it looks like I am stuck having to pay for it.

    Nicholas’s Answer

    You can try filing a motion for relief from judgment requesting the court to address the issue. However, the timeliness of the motion would weigh against the request. Do you have a substantial amount of other debts? If so, you may want to consider a bankruptcy filing. Also available to you is a Wisconsin Voluntary Amortization of Debts action, but you would have to pay the balance of the debt off over no more than 36 months.

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  • Does a custody agreement need to be signed?

    In a non contested divorce you an your spouse write up an agreement on custody. My ex signed notarized the divorce papers and mailed them to me the agreement he emailed cuz he don't have access to a printer. Wen I sign an noterize my part. Does th...

    Nicholas’s Answer

    The agreement must be signed by both parties and submitted to the Court for approval. You can remit the Agreement to the Court and request that the Court enter an order on the agreement, also referred to as a stipulation. The agreement can be in hand written format, but it likely preferred by the Court to be typed up. I hope this helps.

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  • What kind of lawyer is needed for custodial arrangements, or parenting plans for non married couples.

    We are seperating and we have one newborn child, and want to know what my legal options are.

    Nicholas’s Answer

    You would need a family law attorney who handles paternity (if voluntary acknowledgement not present), custody and placement actions.

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  • I just received 12yrs of medical bills from my ex for our son she wants repayment, she refused to use my insurance what to do?

    I had insurance she refused to use it, she also sent a signed letter, which I have a copy, stating she doesn't want me to cover him on my insurance she doesn't want it, now does that letter and the time frames in which she sent the bills , do I ha...

    Nicholas’s Answer

    If your court order requires you to contribute towards the uninsured medical expenses for the child you could be found in contempt of court if you do not pay your ordered contribution. However, whether to impose sanctions for an alleged violation of a court order is discretionary, meaning that if the court hears that over 12 years she never sent you any bills and requests for payment, she told you that you didn't need to provide health insurance, and any other facts which would characterize the request as unreasonable, the court could refuse to impost sanctions against you. Contact an experienced family law attorney in your area to discuss the specific facts of your case and the strengths and weaknesses thereof.

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  • What if there is no visitation schedule I have the kid now can she just come whenever she wants to get him

    She has primary placement joint custody

    Nicholas’s Answer

    I would be surprised if the order says that the parties are awarded joint custody and primary placement to the mother without any designation of your secondary placement. Most of these types of orders would, at a minimum, indicate the secondary placement to be "at reasonable times and upon reasonable notice". Nevertheless, the answer to your question assuming either scenario is yes. Now if you refuse the child going back to the primary parent, you could face police involvement or a motion to enforce placement. If you have been the one primarily caring for the child or you have been exercising routine placement with the child at consistent intervals on an informal basis and you want the placement order to reflect how you have been exercising placement, you need to file a motion to modify the placement order. Contact an experienced family law attorney in your area if this is something you want to pursue.

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