Legal Question in Family Law in Wisconsin

Child endangerment, terminating visitation

I have a daughter who has visitation with her father every Wednesday and every other Saturday. The problem is that he is unstable and has virtually no parenting skills. My daughter (10 yrs) repeatedly comes home crying after his visits, during which he threatens me (her mother), endangers hers safety (driving 100 miles per hour), etc. He has called and threatened me directly, which I recorded. I filed a temporary restraining order against him, but he still has his visitation rights to our daughter. I requested an appointment for a guardian at litem, and was denied. Can I file a restraining order on my daughter's behalf? She does not want to see him anymore, how can I get his visitation rights terminated? What would be the next step for me?


Asked on 10/17/01, 1:41 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Child endangerment, terminating visitation

Visitation may be modified based on what is in the "best interests of the child." In most cases the Court will require a visitation evaluation performed to determine what is in the child's best interests. This also may be a role for a Guardian Ad Litem. Restraining orders are only available in extreme circumstances when there is an imminent apprehension of physical harm. Generally, that means there must be "physical" abuse or a "threat of physical abuse." Emotional abuse is not sufficient. For a consultation visit our web site at http://divorceprofessionals.com or call 952.831.5000

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Answered on 11/24/01, 2:49 pm


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