Legal Question in Family Law in Wisconsin

Father moving to Florida

My son's father is moving to florida soon and he wants visitation of his son which is fine. Right now i have legal custody and physical placement of my son. I determine when and what time his father gets him. He was charged with drugs but it was dismissed and read in but not sure what that means cause they found it in his car with him. He also is in the process of going to court for threatning to damage property of my own and my boyfriends and also threatning to injure my boyfriend, like breaking his legs. He doesn't have a license and tells my son very negative things about me and my boyfriend. His father tells me he is going to make my son not want to be with me and to resent me. What i want to know is what kind of visitation willl he get. I don't trust him here how can i trust him in florida.


Asked on 4/27/09, 8:59 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Father moving to Florida

If you have sole legal custody and physical placement of your son, you not only determine when and what time his father gets him, but you can determine the CONDITIONS under which he gets them as well. If you believe that unsupervised visitation with the father in Florida is dangerous to the safety and/or well being of your child - don't agree to it. But be prepared to prove that your concern is valid.

I cannot tell from your question what conditions you can apply to the visit with dad. I recommend that you talk to an experienced family counselor where you live and pose the question and see if the counselor has any suggestions.

Many places have facilities for supervised placement, but I don't how how you do that if he is in Florida and the child has to live with dad. Do you have good friends or relatives where the father is moving? Does the father have any relatives there that you trust? Perhaps the child could live with such friend or relative while he is there and then you would have control over the visits.

Why is he moving? I assume this is a purely voluntary move and not mandatory (job transfer or the like). If the father does not like the arrangement you make, from your description it does not seem like he will get much sympathy from the court if he tries to get the court to award him placement.

Incidentally when a criminal charge is "read in" that means that the person charged agrees that the crime was committed and that the court can consider that crime when imposing sentence, but there is no formal conviction on that charge.

Read more
Answered on 4/28/09, 9:47 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Wisconsin