Legal Question in Family Law in Wisconsin

child custody and placement, visitation.

I have sole legal custody and full physical placement of my child. Her father has no visitation rights as of right now. Can I legally denie him visitation with our daughter?


Asked on 3/25/09, 10:14 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: child custody and placement, visitation.

You say that the father has no visitation rights, is that because he was DENIED visitation rights by the court? If he has already been denied visitation rights by the court you have no obligation to permit him visitation.

On the other hand, if the father has NOT been found to be disqualified from placement but just does not have specific times set by the court for placement, then a refusal to permit the father to have ANY placement at all with the child could be viewed as a violation of the father's rights.

If you have sole custody YOU are the one who determines the times and places for the father's placement. Of course for the benefit of the child, unless the father IS disqualified from placement, the child should have ample contact with the child's father. This can be several short periods, a full day of overnights as YOU see fit.

If the father disagrees with the amount of placement you offer, he is free to file a motion with the court to have his placement times set specifically. So the less you give him, the more likely it is that he will file a motion and the more likely the court would provide set visitation times.

Please understand that there are many factors that come into play here and that the final answer is heavily dependent on the facts as they may be found by a court, so if this is a situation that is coming to a head, you would be wise to consult with a family law attorney who can look at ALL the attendant circumstances.

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Answered on 3/26/09, 9:40 am


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