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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.

Asked 5 months ago in Child Custody

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.

Answered 5 months ago.

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.

Asked 5 months ago in Family

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.

FYI... You would be able to add the conditions to her bail, bond or probation. Those efforts would be time better spent.

Answered 5 months ago.

Everyone lying to Dad. What can I do?: Ex and 2 teenage daughters live in another state. The ex blocked me from her cell and text so she doesnt have to answer questions. She is out drinking every weekend or going on 3 day vacations. She leaves my girls with their friends and they then lie about their whereabouts and don't answer their phones. But when everyone wants something they call me. Do I not have any rights as a parent about what the ex does with my girls or the fact that she is raising them to lie and be sneaky also?

Asked almost 2 years ago in Family

R.’s answer: If your daughters have been living out of state for more than 6 months then Wisconsin may not have subject matter jurisdiction under the UCCJEA. Unfortunately, you are likely going to have to talk to an attorney that knows the UCCJEA and has done jurisdictional challenges. If you do know, then you might be filing in the wrong state court. Jurisdiction is confusing and hard to handle on your own.

Answered almost 2 years ago.