Legal Question in Family Law in Wisconsin

Re: Child Placement

There are a number of possibilities here. I am in Ohio so I can't speak to the specifics of your law. But I don't believe the laws are that radically different around the country. To answer the questions a little out of order. It is likely that the children wound up with the step-father by default as I imagine they were living in that household when the mother went to jail. There is nothing intrinsically wrong with that scenario because as long as there is some continuity of physical custody, the courts don't like to intervene.

If this arrangement is the preferred placement of the mother (who I am guessing, in the absence of information to the contrary, has legal custody)it will be difficult to dislodge them from that home. The other practice disliked by most courts is removing children from an ongoing placement. You can understand why. Placing the children elsewhere would disrupt their lives.

However, all bets are off is there is ongoing abuse. If you have specific information you might want to call the local Children Services Board (they usually have heavily advertized intake numbers, child abuse hotlines, etc. that you should be able to access). I don't know what your state's laws say about grandparents when it comes to domestic relations. But in cases of abuse and neglect, if the Court orders the children removed from an abusive home, it is, I believe, a federal requirement that relatives and even family friends be sought out before foster care is considered. You may also be able to file for custody yourself. But if you do, be ready to establish why the children would be at risk staying where they are.

Jonathan Schiff

Self employed

605 Rose Hill Ave