Parental Rights (Wisconsin)

[Frustrated Divorcee]

I’m still in divorce legal battles, though my divorce has been final for 10 months. There was far to many things just out and out wrong with my divorce proceedings, including the judge not following the law. I hope you won‘t mind me making multiple posts for the different issues, but, the biggest issue today has to do with my parental rights. Quick background we’re in Wisconsin, I’d been primarily a stay at home mom and primary care giver due to the fact that my ex worked second shift for many years before we split, and then the kids lived with me, seeing him every other weekend.

Months before the final divorce hearing my ex was fired and took a interim job that was 3 days on, 3 days off. He then asked for 50/50 placement to mirror that schedule, only to get a new job working varying shifts weeks later, but before the final hearing. The judge was told about the change in jobs and schedules, and also that the marital home due to my ex not making the court ordered house payments had been foreclosed on. We were living out in the country of a very small town (population less then 900) with a serious lack of rental housing.

The judge granted my ex his asked for 50/50 placement. I lucked out in selling my home before the bank took it, but then the real placement problems started. I had no place to move too, I had started looking months before the sale, ready to start moving ahead of time just to be assured a home.

I’ve been staying with friends while I continue looking for housing and while petitioning the judge to reconsider his ruling, based on the lack of housing. The judge said it would have been different if I’d gotten housing, but I’m only staying with friends, but I was afraid to get housing before a new ruling when by doing so I could have been charged with contempt of court.

The kids have a guardian ad litem, who is far from biased between dad and I, and its quite evident in her questioning tactics between my ex and I. She is also very much against my children, ages 14 and 16 speaking to the judge, and so the judge will not allow them to speak for themselves. Both my kids want to have the old placement, every other weekend with dad, they even wanted that when we were living in the same town as him, and their lawyer knew that.

The judge wouldn’t change his ruling and is now saying it is my choice, I live in the small town and keep the 50/50 placement, or move and give up my children, even though my lawyer proved there isn’t available housing.

My lawyer wants to quit the case because of my outstanding bill, and frankly I don’t feel she’s done her best from the start, but on top of that she won’t advise me as to my rights, any recourse I can take, or anything else.

PLEASE HELP!!

Unless you can show more detailed evidence to the judge you may have to struggle with that order for a while. Try to find something.

You could go back and ask for a motion to reconsider but you would need some new compelling evidence as to why you cannot comply.