Legal Question in Family Law in Wisconsin

Re: One parent in prison, what rights do they have to children?

I would recomend the appointment of a

guardian ad litem, who would be an attorney

to represent your child's interest, in the

event you are not able to work things out

on your own with the father (which is always

best). As a practical matter, if you do

nothing, is the father likely to be able to

afford bringing you back to court while he's

in the slammer? If not, I would be surprised

to see anything come of his threat to force

visitation, since that can only be done

through a court (and the use of courts costs

money).

Re: One parent in prison, what rights do they have to children?

Depends on the most recent order of the Court.

If there is an order allowing for specific prison visits then yes he may have a person to do it. If there is no order, I would not worry about it. He can't excercise it. There is a new law 767.242 that has a "use it or loose it" visitation provision and since he is always in jail then perhaps you may seek counsel to "hold open" or stop visitation. If he hires an attorney then it will boil down to what the child's attorney or judge recommends. This is fact intensive.

Good luck.

Atty. E. Romero

www.WisconsinForms.com