Ex in jail... who gets custody?
I'm asking this for my boyfriend. So here's the background.
He was given summer visitation, the daughter stays here. 10 min before we get into town (we live 400 mi away), the ex's bf calls and says that she's in jail and wondered if we were still coming to pick up daughter. The ex had been in jail a week already and this was the first notification we'd received. We pick up daughter, go back home. About a month ago, ex says she's out of jail. Planned to take daughter back last weekend but ex calls and says that new baby needs brain surgery. to wait. we wait. daughter needs to start school. call ex again, find out she's still in jail, but she's supposedly getting out next week, to bring daughter back this weekend. I looked into the public criminal records, and the truth is she's going to court next tuesday, jury trial. she's not getting out, she's going to court. so here's the question. this is Wisconsin we're dealing with and they never award anything to fathers. the ex has domestic disturbances and dui and assaulting an officer on her record and the state still refuses to give custody to dad. so. if mom is still in jail, isn't the placement of the child to be with the father until the mother is out of jail? I really don't feel comfortable bringing this little girl back to her mom's boyfriend, not knowing if mom will be out anytime soon. but my boyfriend doesn't want to not take her back because he's scared the court will remove all custody rights for violating the custody agreements. I've been looking at statutes and so much stuff, i'm just so lost. and we can't afford a lawyer. Don't know where to turn for the correct answer
3 hours ago - 4 days left to answer.
Additional Details
when father tried to show the court commissioner (guy overseeing the divorce proceedings) the mother's criminal background, he completely ignored it. Didn't even bother to acknowledge this mother's lack of concern with the law.
I know its not my place, I am only his gf. but I have a 7 yo daughter, and I would not want this little girl to have to live in this situation.
And do we sign her up for school here? I don't want her to miss school because of all this.
3 hours ago
with all the frustration about the court ignoring the submission of his facts and findings to the court not mailing him his paperwork to the court commissioner holding meetings with just the mom and he was not informed of them, he's pretty much given up hope. he did try to apply for financial aid and a pro bono lawyer, but since the case has already been opened, he's not eligible. which basically tells him that as soon as his ex submitted the divorce papers he was not eligible. so the only hope he has left is that he doesn't loose his summers with her.
3 hours ago
I'm asking this for my boyfriend. So here's the background.
He was given summer visitation, the daughter stays here. 10 min before we get into town (we live 400 mi away), the ex's bf calls and says that she's in jail and wondered if we were still coming to pick up daughter. The ex had been in jail a week already and this was the first notification we'd received. We pick up daughter, go back home. About a month ago, ex says she's out of jail. Planned to take daughter back last weekend but ex calls and says that new baby needs brain surgery. to wait. we wait. daughter needs to start school. call ex again, find out she's still in jail, but she's supposedly getting out next week, to bring daughter back this weekend. I looked into the public criminal records, and the truth is she's going to court next tuesday, jury trial. she's not getting out, she's going to court. so here's the question. this is Wisconsin we're dealing with and they never award anything to fathers. the ex has domestic disturbances and dui and assaulting an officer on her record and the state still refuses to give custody to dad. so. if mom is still in jail, isn't the placement of the child to be with the father until the mother is out of jail? I really don't feel comfortable bringing this little girl back to her mom's boyfriend, not knowing if mom will be out anytime soon. but my boyfriend doesn't want to not take her back because he's scared the court will remove all custody rights for violating the custody agreements. I've been looking at statutes and so much stuff, i'm just so lost. and we can't afford a lawyer. Don't know where to turn for the correct answer
3 hours ago - 4 days left to answer.
Additional Details
when father tried to show the court commissioner (guy overseeing the divorce proceedings) the mother's criminal background, he completely ignored it. Didn't even bother to acknowledge this mother's lack of concern with the law.
I know its not my place, I am only his gf. but I have a 7 yo daughter, and I would not want this little girl to have to live in this situation.
And do we sign her up for school here? I don't want her to miss school because of all this.
3 hours ago
with all the frustration about the court ignoring the submission of his facts and findings to the court not mailing him his paperwork to the court commissioner holding meetings with just the mom and he was not informed of them, he's pretty much given up hope. he did try to apply for financial aid and a pro bono lawyer, but since the case has already been opened, he's not eligible. which basically tells him that as soon as his ex submitted the divorce papers he was not eligible. so the only hope he has left is that he doesn't loose his summers with her.
3 hours ago