Legal Question in Family Law in Wisconsin

Visitation

13 yr old son lives w/father. Joint custody. No primary placement/no visitation is set up. Mother saw son once in 18 months. Went badly, mom brought latest boyfriend, wanted money for cigarettes, made a loud scene in McDonalds. Son adamant about not wanting to see mother believed because of undocumented emotional abuse by her and at least one case of physical abuse by a significant other. Mother constantly threatens to take the father to court re the situation, father has tried to get son to cooperate but son is adamant that he will not. Admittedly father has mixed feelings about mother seeing son due to previous history of flight with child, although child was much younger. This case has been moved from county to county and is a mess because there is no trust between any of the persons involved. The child is happy with father and doing better in school than when both parents were together. The child has very strong morals and especially does not want to be at mothers home. Mother is not independent and depends on boyfiends for support. The father is worried he can be charged with contempt for not forcing child to go with mother. What are legal implications or possible concerns/actions father should take?


Asked on 1/18/05, 1:29 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Visitation

Hello,

The father can bring a motion to the court for a specific placement schedule. Or father can wait for mother to enforce her placement rights. The father will be able to explain that he cannot force son to go; that he won't stop him, and will encourage, but either the mother has to get him or the son has to cooperate. If either party goes to court with this, likely the court will require a guardian to be appointed who will investigate and advise the court as to the best placement deal for the child. There are just general thoughts. I cannot give a legal opinion or advice on this. You have not hired me to be your lawer and what would actually happen under either alternative above is hard to predict, and I cannot advise because I do not know all the facts. You should get specific legal counsel before taking action.

Best wishes, Mark J. Mahoney

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Answered on 1/18/05, 9:41 pm


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