Legal Question in Family Law in Wisconsin
I have a 6 year old and an 8 year old son. We have joint custody. The father lives in FL and has supervised visitations. My question is if something would happen to me where I would no longer be able to care for them (ie death, end stage disease) what happens to the boys. Would the father be first choice for placement. Also, what can I do to prevent that?
I don not have much legal knowledge, and want to be prepared in case something would happen. Have had a few medical scares lately and hfeel I need to know what could happen to the boys.
1 Answer from Attorneys
The other parent would have custody based onthe jont custody order. That parent would also have a presumption under law that they are capable of being a aprent. You cannot prevent it and the parent would have to be proven unfit to have some type of third party custody awarded.