Legal Question in Family Law in Wisconsin

Placement

My fianc�e just had a trial de-novo on a post divorce placement dispute and lost one day of placement of her two children to her ex-husband.

The daughter was so upset from the courts decision, that within two weeks after the hearing, she moved in with her mother, and is now refused to visit or live with her dad, claiming that he is and has been verbally abusive to her.

Within two weeks after receiving the extra day of placement of the children, he is now admitting to my fianc�e that he cannot control her behavior either, and has stated to her that he is giving up and has allowed his daughter to live with my fianc�e.

My question�s are:

1. With her ex-husband ignoring what the court just ordered and allowing his daughter to live with her mother uncontested, can she file a motion for placement for his refusing to exercise periods of physical placement under Wis. Stat. 767.451(1)(b) (2005 � 06) or 767.451(2m)?

2. If so, how long does the daughter have to live with my fianc�e before she can file a motion for full placement?

3. When filing a motion for full daughter, can she also request the court consider full placement of her son, if her son has close ties with the daughter, and he misses seeing her?


Asked on 11/23/07, 5:52 am

1 Answer from Attorneys
Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: Placement

A motion to reconsider the Court's order can also be filed, based on new factors. If the Court doesn't change its original decision, the o0nly further relief available may lay with the Court of Appeals. A party normally has 90 days to file an appeal after a final trial-court order, so that means the time limits may already be ticking!

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Answered on 11/23/07, 12:09 pm


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