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Both myself and the father are pro se in this case. I was looking to get clarification on my ability to call the opposing party adversely and if that means I can ask him leading type questions. Also, would it be strange if I objected to his que...
Waukesha County has a self help legal service available at the courthouse. Start by contacting them. Their advise is often very helpful.
Next go and watch court proceedings with the judge or court commissioner so you understand better what is done in these proceedings. It will also give you ideas for how to take testimony. Probably cannot copy their actions word for word but still it will improve your confidence and knowledge of the process.
Next, talking to several attorneys that would give you a free consultation would be helpful to give you a better idea what is possible, and maybe the buzz words you would need to do the research.
Lastly, read Chapter 767 of the Wisconsin statutes, family law. Statutes 901, 906, and 908 on evidence might also be helpful. That should put you ahead of the process.
Good luck.See question
I am pro se and looking to be able to question the GAL regarding his pre trial report contents. I have heard it is not permissible to use him as a witness. Can anyone please provide evidence of this via WI Statute or law. If his report contains...
The issues you are bring are very good ones. Most cases involve the children in one form or another. The courts try to avoid putting the children in the middle. So, if the issues are not grand enough for Child Protective Services to get involved it becomes a he said she said with no clear winner.
I have had cases like these, and I make good progress in advancing my client's position. But there is never a clear winner. The attorney needs to know how to get evidence in and make the case for his client. Without an attorney it is not likely you would be able to do so.
In my opinion you should hire an attorney.
It sounds like you might be in Milw Cnty. If you are and cannot afford an attorney there are several ProBono firms in Milw. If you can barely afford an attorney call the Wisconsin State Bar MODEST MEANS program. They have attorneys in your area that will work for substantially lower fees.See question
I've been told, as the father, to "suck it up" by the special master, and she will not discuss my rights as a father
well, you must be in an interesting case to be in such a situation. A Special Master is appointed by the court to stand as a officer of the court related to negotiation or post order results. Because they are officers of the court they will not debate the issues or give you legal advise. So, expecting them to will get you nowhere. I will assume for a moment you are not represented. You need to get represented quickly if this matter is not completed. If it is completed and an order exists, then you need to take the direction of that attorney, and get this all behind you so that they can be let off of the case.
Not a good situation to be in.
But to your question someone appointed by the court can only be replaced by the court. You would have to bring a motion for a replacement. But I will tell you replacement rarely happen.See question
I lied to my boyfriend p.o cause I was mad at him. But I didn't write a statement nd there's no police reports will she still send him back to jail
POs are a part of agency law, and not really the court or attorneys. So, the rules they play by and not statutes they are agency law made up by their agency, and often officers.
So, all bets are off.
Can she send him back to jail without a police report. YES.
Will you recanting your statement help, not necessarily.
Maybe you should just call the PO and talk to them, and try to work it out.See question
I'm turning 15 in two weeks. My parents got divorced when I was 9. It started out where I lived with my dad every other weekend and with my mom the rest of the time. My dad convinced me to live with him every other week, and when I did, I regrette...
It still requires the parents to agree or have a trial on the issue. The minor children are only heard from by the GAL, who is not required to make that testimony to the court.
GAL's represent the best interest of the child, not the child themselves.
So, rarely do the kids actually have a day in court. But if they do it would be the absolute last hearing/trial.See question
I cant afford an ad gaurdian lidem . I cant afford to miss work. I don't want to put the children through anymore drama. Thanks
I had an instructor tell me that this is like playing chicken, or like buying a new car.
The more attached to the new car you are the more you will pay, because if you are not willing to just walk away from the purchase, they will have no reason to negotiate. If you do walk, then they will reduce the price just to keep you talking.
In divorce circles that means... If you are not willing to go to war, then you have likely already lost.
All they have to do is continue to spend the money fighting and you will eventually lose because you will not be prepared to win at trial.
So, if you really do not want to spend the money, cut your best deal and suffer with it good or bad.See question
Wife was in a hurry to also move out of State and pushed for sooner hearing. It was granted and I was not notified thus resulting in automatic judgment. Settlement was 95% hers including house and 4 cars. I received 1 car, clothes and support paym...
Appeals are done on abuse of discretion, and that would not be the case here.
But more likely you would want to do a reopen. That way you could resolve the issues and correct the judgment.
Either way you will need a local attorney to help you. These are not issues you take on alone.
By the way, the court will hold you responsible for updating your address, and you should always notify the court of any extreme circumstances such as a funeral. They would have been more willing to jump in and help here if you gave them notice. Lastly, if you had an attorney the court would have been contacting them instead. So, they could have kept this from happening.See question
In the settlemt we are on a two week on two week off arrangement I agreed to pay full child support in lieu of maintenance although I have had my kids > than 50% of the time. She is now remarried and is it worth going back to level the child support?
That depends on how the order was done. If you signed a marital settlement agreement and the MSA did not say anything about CS for maintenance then you are probably stuck. If this order was created after a trial and the court made that finding and order that is a complete different issue.
You will have to take this up with a local attorney. When you see them be sure to take the FoF, CoL, and JoD along with a MSA if there was one.
If you signed an agreement and the potential was not laid out then she can probably hold you to CS because you agreed to it. If it was just an order of the court then search for "WI DCF 150" and it will explain how much should really be ordered. Then you just file for modification.
Either way it would be best for you to get a free consultation by a local attorney before you proceed.See question
I am divorced and I have sole legal custody and full placement of my 4 children. 10 months ago the court ordered my ex to start paying me child support for our 4 kids. She has not made one payment which has been difficult to say the least. She cla...
I would suggest that you counteract child support enforcement in your county. They will tell you how close they are to filing a case with the circuit court. If they do it, then it is likely the court will order jail, and stay it if she behaves. If you do it, it will cost you money and there is a chance the court will not push as hard.See question
BEACUSE she is taking my things out my house
Yes, but there is usually more involved.
The police may say you need to file an eviction because this was her residence for so long.
So, I think it would be easier if you file a restraining order. It is more immediate and Theft is covered in the Wisconsin restraining order statutes. Contact your Dane county clerk of courts to obtain a packet for doing so.
You should probably talk to a local attorney and get their spin on how to proceed.See question