Legal Question in Family Law in Wisconsin

Child custody hearing

My 15-year-old stepdaughter would like to come and live with us. She has given us an 8 page list of incidents involving possibly emotional and verbal abuse and definitely neglect by her mother. In the original divorce decree the mother got sole physical custody, but she and my husband have joint legal custody. In the recent hearing because they both appeared pro se, the judge let them ask each other questions. We know that his ex-wife lied repeatedly under oath. Is there anything to do about the lies? Of course the judge doesn't know she is lying.


Asked on 8/21/00, 1:38 am

3 Answers from Attorneys

Ernesto Romero Romero Law Office

Re: Child custody hearing

The following is information and not legal advice. The child has a right to have a lawyer represent her. If you retain a lawyer, s/he may be able to reopen the judgment and try to correct the lies as much as possible. A contested issue should never be handled by pro se people in any circumstance. Good luck,

Atty. E. Romero

www.WiscconsinForms.com

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Answered on 8/22/00, 7:42 am
David Kelly-952-544-6356 Kelly Law Office

Re: Child custody hearing

This response is for general information purposes only and does not create an attorney-client relationship.

Your question indicates that it has to do with both Wisconsin and Minnesota law. A threshold question before much else can be answered is this: When your husband and his X went to court, where was that? Somewhere in Wisconsin? Somewhere in Minnesota?

I see there is already a response from a lawyer from Milwaukee. He talks about the girl's right to have a lawyer of her own appointed. Minnesota law permits that as well, and most judges would require it.

I agree with the other comments by Mr. Romero as well: it is time for your husband to find himself a lawyer. These matters are too serious to try to handle on your own.

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Answered on 8/22/00, 10:36 am
JAY Nixon nixon law offices

Re: Child custody hearing

Since you're from WI, I have to be careful

giving any advice until I make sure you are

not on the opposing side of litigation with

any of my firm's clients. One thing which

is of public record, though, is that perjury

is a crime, reportable to law enforcement.

It can also be the basis for a civil law-

suit for damages. It would also generally

be a mistake for anyone to allow perjury to

take place and not inform the judge. Send

me a private e-mail or call for more specific

advice.

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Answered on 8/22/00, 2:36 pm


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