Legal Question in Family Law in Wisconsin

My boyfriend has a 3(almost 4) year old daughter with his ex. They have 50/50 custody and placement. Since I have known him(Two and a half years) his ex has always called him when it was her time with the daughter demanding he picks her up because she couldn't deal with her anymore. She has threatened to kill herself so she wouldn't have to be the daughters mother. Recently she sent him a txt message on her week with their daughter saying she was coming to drop the daughter off with him. He called her to ask why and she said because she was sick of CPS being called on her and couldn't handle her daughter anymore and he could have her. She dropped her off to him without saying a word to him. He tried to make contact with her to have his daughter talk to her mom but the ex made no effort to really talk to her. A month and a half later she decided she wanted her daughter back. She called the cops on him and they said there was nothing they could do. He told his ex he wanted placement of their daughter since this has happened for the kids whole life and his ex has never been able to handle her. His ex has another child with a different guy. That child is only one. Now she is pregnant again with a third child and third guy. My boyfriend has been trying to find a lawyer but since they live to in different counties he has been having trouble finding out. In the mean time he doesn't want to give his daughter back to his ex who has had child abuse/neglect allegations against her and since she gave her up saying she flat out didn't want her anymore. Now she is trying to claim he is in contempt. Would he be held in contempt for protecting his daughter?


Asked on 8/25/13, 5:55 pm

1 Answer from Attorneys

Your boyfriend may technically be in contempt, but it sounds like there is good reason for his actions. In any event, contempt is a serious matter, so I highly recommend that he consult with a family lawyer as soon as possible. He should also consider filing a motion to change the custody and placement of his daughter. The facts you describe certainly provide grounds for limiting time with the mother. Finally, if the child's safety continues to be a concern, he may wish to call CPS himself to check on his daughter.

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Answered on 10/04/13, 8:45 pm


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