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.
3 Answers from Attorneys
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
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.
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.