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Child Custody-What can I do now to get full Physical Placement of my children?

Appleton, WI |

I have been divorced for 6 years.I have shared custody and placement.During the last six years my ex wife has been evicted 8 times,She is currently being evicted as of May 26,2009.My son and daughter are on an emotional rollercoaster.My 12 year old son is failing six grade.In March 2009 I asked for a change of custody for me to have primary physical placement.On May 15,2009 the court and GAL ordered that I have 1 more overnight and said they would review the case again on August 20,2009. My children are everything to me.The court ordered Danielle to give me a change of address within 48 hours. Danielle has called and stated she is moving into a battered women's homeless shelter. Can I take custody so they do not have to live in the shelter with her?

Instead of take I mean fight for custody. She wants me to take the kids for three weeks. She has done this several times in the past and returns whenever she wants them back. I do not want our children to go to the shelter but I do not want my children to go thru this everytime she gets evicted either. I will call the GAL tomorrow morning. What else can I do? Can I force her to sign over physical placement before I will take the children? It seems that the only way to prove to the court that she is not a good parent is to allow her to fail. Unfortunately that affects the children. Worse yet, it seems it is the only way the courts will agree with me. I am between a rock and a hard place. Any other advice?

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Attorney answers 2


I don't practice law in WI but generally you cannot just "take custody." But if she is willing to let you have your children that would likely be ok.

If she is is not willing to let you have the children so they don't have to go to the shelter with her, it would seem that her need to go to a shelter would likely qualify as a reason to let you advance your review and get in front of the court sooner.

Talk to the GAL about this new development.


File a motion in court to change custody and placement. You need to allege a substantial change in circumstances, which clearly her moving into a shelter is such a change, the court then can order mediation, a guardian ad litem or authorize an immediate change.

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