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Rebecca Millenbach

Rebecca Millenbach’s Answers

68 total


  • Is it possible for my boyfriend and I to drop charges against eachother if we havent been charged yet?

    We got into a physical altercation a few nights back and we are both being charged but havent been charged yet. We want to know if its possible to drop the charges against eachother? The statements have been sent to the DA but they have not charge...

    Rebecca’s Answer

    You should contact a criminal defense attorney to answer this question. If you have not been charged it is possible that a criminal defense attorney could speak to the DA about not pressing charges. Normally, however, once the State has the file, it is up to them to charge and not the victim(s), hence the caption, The State of Wisconsin vs. so and so ,,,,

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  • Suing a divorce attorney for possible unethical practices?

    I have a friend whom had been recently divorced but says her attorney should have had it taken care of sooner than one year. There was no custody battle, no property to dispute over and should have been a quick case. I was wondering if the attor...

    Rebecca’s Answer

    Its not unusal for a divorce to take a year or longer, even when there is no children. I understand that your friend wanted faster action and a faster resolution. Sometimes both of those are outside of the attorney's control. If you want to sue for malpractice you would have to show that your friend has actual damage from the attorneys conduct. I don't think your friend will be able to do that. Not to mention, suing the attorney will just keep bringing back negative thoughts and memories. The divorce is done. As difficult as it may be for your friend, she may just need to accept this was all a bad experience and move on. I am sorry that she had a bad experience with a member of our bar. None of us ever like to hear that.

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  • My ex wants 50/50 he is unemployed. I work full time. Do I have to pay child support?

    We got a home study done and meet with the GAL already. My son doesn't want changes in the schedule he is now 9. I got 57% and dad has 43% since he was 3. I don't have a lawyer. Dad has lawyer and he is unemployed. What should I expect.

    Rebecca’s Answer

    • Selected as best answer

    Child support is based upon a formula which involves the number of overnights you each have and what your income is. If your ex is unemployed it is possible that the court will impute an income on him (which means they will say he is capable of making $50,000 - or whatever number he is capable of making, and use that number for his income). If you make more than him it is possible that you will have to pay support. There are ways to overcome this, by assuming more variable expenses or having offsets for health insurance.

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  • Divorce and Paternity test

    I am married, and I filed for a divorce in Ozaukee county.I do not live in Ozaukee county anymore. I got pregnant with somebody else and my husband is not baby's father. First they told me they can not schedule the final hearing for divorce since ...

    Rebecca’s Answer

    You may be able to avoid a paternity test if the father of the child will "acknowledge" that the child is his. However, you will not be able to avoid the GAL. The GAL's sole purpose is to determine whether overcoming the marital presumption is in the childs best interest.

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  • My stepsons father is trying to get full custody and we don't know what to do can someone help me out?

    My stepsons name is AJ he iss 2 1/2 and my wife and I have 50-50 custody. We are trying to get full custoody due to reasons like his father works three jobs, always passes AJ off to different babysitters everytime, the father does not teach the bo...

    Rebecca’s Answer

    There are a number of different factors that the court will look at when determining whether it is appropriate to modify placement. Many of the factors that you list may be taken into consideration depending on the effect the negative behavior has on AJ. You should speak to a custody lawyer because she can go through the factors and help you determine if you have a case. You may be missing some important facts that the court would deem relevant. I do agree with the previous lawyer that these lawsuits can get costly. You should be prepared to not only pay for your lawyer, but one half of the fees for AJ's lawyer, the Guardian ad Litem.

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  • What do I need to do to get sole placement of my 2 children and be allowed to move out of state?

    My ex husband and I divorced in 2009 with 2 children. We currently have 50/50 placement and custody arrangement. He was unable to get the boys to school on time, so I have had them monday through friday and he has had them on the weekends. Now he ...

    Rebecca’s Answer

    There are specific statatory requirments that need to be followed in order for a court to grant you the right to move out of state. Once you are in court, the best interest of the children will be evaluated. If you need to move out of Rice Lake to take on a new job that will provide for you and your family AND dad has not been consistent with placement, you probably have a decent chance. Even when both parents are involved, it happens where one parent needs to relocate. Under those circumstances it should be expected that one parent would be the "summer" parent and one parent would be the "school year" parent. Contact a lawyer to discuss your options. Good luck.

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  • Is there any way to gain temporary custody of grandchildren if divorced parents are in constant battle?

    Three of my grandchildren have divorced parents, the Mom has remarried, the Dad is engaged. For most part the Dad doesn't want X-wife to be with anyone but him. And he has told these very young children that there Mom doesn't want them anymore b...

    Rebecca’s Answer

    Grandparents are granted specific periods of placement under very narrow circumstances. Under no circumstances would you be granted full "temporary" placement under a family court order. You would need to go to childrens court and petition for guardianship. In order to be granted guardianship you would have to prove that the parents are unfit. I would suggest you meeting with both a family law attorney as well as a juvenile law attorney to explore your options.

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  • My daughters father is going to be taking me to court for 50/50 placement. He sees her maybe one a week for a couple of hours.

    He will go weeks with out seeing her or talking to me. He has had her over night once by himself when she was about 4 months old and she will be 3 in Dec. Is there a chance that he will get 50/50? Everytime we talk/fight about placement he has not...

    Rebecca’s Answer

    • Selected as best answer

    There are many factors the court will look at when determining what is an appropriate placement schedule. If he has not been consistent with his current schedule, I wonder how he is going to be able to show a substantial change in circumstances warranting a modification in the first place! The law also presumes that the status quo is in the child's best interest. You should contact a qualified family lawyer and discuss the motion.

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  • I am a single mother and I want full custody of my child even though the father wants visitation rights. Are my chances good?

    The father has been to jail two times and just got off probation this month. He mentally abuses me through text message and over the phone, which makes me fear how he will act to our child. He also has a heart condition that pretty much makes hi...

    Rebecca’s Answer

    I agree with Attorney Nelson. I just want to add that there is a presumption in Wisconsin that joint custody is in the childs best interest. There are ways to over come this presumption, but it is not an easy task. Good luck to you.

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  • Is there anything I can do to not make my daughter go to her fathers house?

    My daughter is being verbally and emotionally abused at her fathers house. I would like to know what, if anything, I can do to make it so she doesn't have to go back there right now, and the steps I need to start taking to have her living with me...

    Rebecca’s Answer

    I can only imagine that this is a very stressful time for you and your daughter. You indicate that you and the father have joint custody, therefore the advice below about taking her to a counselor who can testify is misleading. This could backfire. With joint custody both parties have to agree to any medical or therapeutic intervention. The father must agree to counseling. If you can't get the father to agree to therapy, then you may want to consider filing a motion to have the court order it. In conjunction with the asking for therapy, you could request a modification based upon the change of circumstances. A guardian ad litem will be appointed who will hopefully get to the bottom of the emotional abuse.

    I would suggest having a free consultation with a lawyer. He or she can flush out some very important details. Good luck to you - remember to be careful with joint custody.

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