Wisconsin custody Laws?

Question

My Fiancé decided one day that she's not happy. She could never give me an answer as to why. After she moved out, I found out she was trying to get with some other guy that she worked with, basically cheating on me, and she's told me that she's now sleeping with him. The problem is she's 4 months pregnant with my child, she says says she's 100% positive that it's mine. She has a two year old son but the state of WI has custody. She was arrested on possession of THC. She was supposed to get him back before ours is due. She was given pretty simple tasks to complete in order to get him back. No drugs, have a home, and have a job. Now that she's moved out, she got fired from her job, and has now failed her drug test. My hands are tied. I've spoken to a lawyer and she told me theres not much I can do before the child is born and WI basically goes 50/50 with custody. I just got out of the Army and I've never done drugs, don't have a criminal record, and have a good job. I need help PLEASE!

Answer 1

You don't need a lawyer. If she is willing to sign a paternity acknowlegement (and you are certain this is your child) you can file a path upon birth. If there are any doubts or she is uncooperative, contact your county child support agency and apply for services. They will help you establish paternity at a minimal cost. Also ask them who your family court commisioner is to advise you on custody and placement if you are the father. Since she has a child in foster care, she has a social worker. Contact that person (Social Services) and discuss the issue with him/her ASAP. They will be instrumental in helping you!

Good Luck!

Answer 2

Run, run, run to another lawyer. If the lawyer you have been dealing with has not absolutely insisted on a DNA test, she's not worth the money you have paid her for counsel.
Your girlfriend demonstrates that she is on a downward spiral in her life and I'm wondering, as you must wonder also, when it started in your relationship. I feel terrible that she has two year old that she has basically discarded. I don't hope for much better in the future for this child she will now be having. But most important, I doubt that this child is yours!
I am puzzled why you would take the word of this person who says she is '100% positive' this child is yours when she's violated every rule that has been given her to follow.
Your hands aren't tied. The other guy is most likely the dad. The state of WI basically goes 50/50 with custody but your girlfriend will be viewed as someone who couldn't maintain some basic standards before (job, no drugs, etc.) so that must count a bit also.
I strongly advise you to talk to at least one other lawyer and be completely candid with them. You haven't even realized yet what a destructive and unsafe person your girlfriend is. Maybe you haven't been communicating that. Maybe you aren't really ready to accept the fact (I do believe it is fact) that this is not your child.
I think your girlfriend knows this is not your child too. She's moved out, gone on drugs, lost her job, etc. to heap more and more problems on top of a major problem she already has: which is this pregnancy by another guy. I'm guessing he is nowhere near suitable as mate material for her - he may indeed be married. It may also have been recreational sex with little involvement. Hard to do anything with that scenario - so she passes all of the importance of this pregnancy on to you. Now it is your child. Now you will worry. Now you will be responsible.
Get a good lawyer this time. And get a DNA test.

Answer 3

Contact your attorney and see if you can demand a paternity test when the child is born and based upon her record of the child that is 2 and having failed a drug test while she was pregnant for this child, ask to be the custodial parent. You will have to be able to prove to the court you have a house for the child to stay, and an income. As a single parent you will also have to have some kind of provision for child care while you are working. Be sure it is your child before you proceed.
Her word does not seem too dependable.

Answer 4

Since you're not married, you're going to want to get a paternity test as soon as the baby's born to make sure you're the father. Then you should probably get a lawyer to help you out, and if she's not following her court orders, that's in your favor. If she's jobless, homeless, and doing drugs, how can she support a child? In Wisconsin, I know they like to grant joint custody, and that's just decision making. Actual placement of the child is a separate thing - that's what you seem to be looking for, yes? You want the child to be placed with you? You'll need to petition the court for primary placement, joint custody if they won't grant sole custody, and if she's not going to be sober and keep a home, I would request supervised visitation until she can prove herself. Maybe you could get a lawyer now, you know, to start doing some of the legwork ahead of time, and then take it further once the baby is born. Good luck!

Answer 5

Try and talk to your boss at work. for being in the army he might now of someone eles that this has happened to and he might be able to help you in the right direction. Try talking to other people to i know they can get a bit annoying but they might think of things that you have not. or even try talking to her about you taking full custody of the new baby when it is born . it might be what she wonts but befor you do anything talk to your lawyer first though. Its good to see there are still man like you out there so keep you head up and good luck with it ok ..

Answer 6

Well with her record it may be possible for you to get full custody but it will be difficult. For some reason most states will almost always award custody to the mother because of the whole mother child bond thing. I don't think thats right but thats usually how it happens. Keep record of whatever you can about her for the judge if you do decide to go for full custody.

Answer 7

Wait it out,sounds like she will mess it up all on her own,just be there when the baby is born,have the baby drug tested...if theres drugs in the babys system..you got a great chance to get the baby!Be at the birth or even outside the room,tell the nurse that she was doing drugs while pregnant and your concerned for the baby.

Answer 8

You will have to simply touch your ex and allow him understand your son is staying with you. Or you'll touch your baby aid workplace (if in case you have an order) first and request a assembly with the household courtroom fee to your county. If you are paying baby aid on your ex,the courtroom commissioner finish your order. If you have got joint custody there's little your ex can do to combat you in this--so much courts is not going to deal with the quandary since he has 6 months till emancipation. Good Luck.

Answer 9

Go see a lawyer and take legal action.. Look up the book "Idiots guide to Law" by John Ventura.. You do know that a amniocentesis will let you know now if you are the father... If so you could ask for sole custody.. Good luck..I would like to say that it is wonderful to see a man care that much....

Answer 10

My friend, you can't keep someone who doesn't want to be kept. The good thing is that you found out before you got married. although it's hard, the best thing to do is walk away from this. If the baby turns out to be yours, do your part for the child, and be patient. wait for god to send you that special lady, stop searching for her because sometimes the things we think we want, may not be good for us or what we need at that time. Stay strong, Good things come to those who wait.