Legal Question in Family Law in Wisconsin

Re: Process of Divorce, In Fear of Losing Custody of My babies

You should already have an interim custody order or interim parenting plan (same thing, different states call them different things). This interim order addresses the residential schedule for your children pending a final order. If you don't have one, get one immediately. About the threat not to return the children "on Sunday's," I presume you mean he already has the children for this weekend and now says he won't bring them back Sunday night. If that's the case and you don't have an interim court-ordered parenting plan, you're probably out of luck until you can get the court to issue an order telling him to return the kids and setting a future schedule. If you still have the kids with you, don't release them. His threats would be sufficient here in Montana for you to retain physical custody. If your state allows interim parenting/custody orders and your attorney isn't willing to ask the court for one, get your unused retainer back and hire somebody who is willing to work for your children's best interests. Being withheld from their primary care giver is not in their best interests, especially at ages 2 and 3. Dad's abusive history (can you prove it?) is in your favor, as is your stable home. By the way, in my experience, a seemingly friendly parenting schedule often blows up when dad moves back with his parents. Sometimes they're afraid you'll withhold the kids, sometimes they're just interfering parents. Have a serious talk with your attorney Monday. Get a written plan! Toddlers should reside mostly with their primary care giver and see the other parent frequently but for short periods, e.g., three visits a week of several hours.