Legal Question in Family Law in Wisconsin
Visitation
I have been divorced now for a little over 1-1/2 years. I pay support. I am currently in a happy relationship but my ex refuses to let me see my child if I am dating someone. What can I do?
1 Answer from Attorneys
Re: Visitation
See Wis. Stat. 767.471 Enforcement of physical placement orders. It can be viewed, among other places, at http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=WI:Default&d=stats&jd=767.471
A parent who has been awarded periods of physical placement may file a motion under sub.(3) if, among others:
(a) The parent has had one or more periods of physical placement denied by the other parent.
If the court finds that the responding party intentionally and unreasonably denied or interfered with the moving party�s physical placement the court SHALL:
a. Issue an order granting additional
placement to replace that denied or interfered with.
b. Award the moving party reasonable costs and attorney fees.
And the court MAY: if the present placement order does not so provide, issue an order specifying the times for placement; order the responding party to strictly comply with the order; and issue an order requiring the responding party to compensate the moving party for any resulting expenses.
As the statute provides for the payment of attorney fees, you may wish to hire an attorney rather than to proceed on your own, but you can can do it either way.