Legal Question in Family Law in Wisconsin
visitation rites for my children
The father of my children is granted visitation rites & even though he does not pay child support I know that he is still granted these rites. Up until recently he has not asked for these rites (taking the kids for a weekend or what not), he has now told me though that he would like to use his visitation rights & he wants the kids every other weekend. My problem is that he does not have a place of his own, he lives in a one bedroom trailer with his father & his sister & her husband & three kids & his girlfriend & new baby.... I am concerned for the welfare of my children... the trailer is also located on a US Highway which his sister's kids quite often like to play on... Is there anything I can do to protect my children from going to that place??? Can I tell him where my children can and can not be???
1 Answer from Attorneys
Re: visitation rites for my children
Be aware that your state law might differ from mine, so you will need to see a local attorney for detailed answers.
The answer to you question depends on what your parenting plan/custody order says. Dad has visitation rights, but what exactly does he have a right to do? Is the order as specific as "father shall have the children on alternate weekends," or is the order as vague as "father shall have reasonably liberal visitation?" If the order is specific, then you have to ask the court to change those specific terms and to order dad to meet certain conditions -- beds for the children, safer yard if they're toddlers who will wander, no drinking or smoking around the kids, etc. If the order is vague, you might have the ability to tell dad that it isn't reasonable to expect the children to visit him under his present living conditions. In general, it's probably okay to share a place with extended family, but it might not be okay under the conditions you describe.