Can i win child custody with an out of state warrant?

I have a warrant in another state for not completing community service. I am planning on filing for child custody in the state i live in now. my ex has 3 felonys, lives 10 hours away from us, plus has no money to even live on. would i still be able to win the case?

You should at least try and contact the other state and see if you can finish your community service in your current state. That way when you go to court to plead your child custody case, you can tell the judge that you are working on clearing up the old warrant.

divorce mediation in wisconsin?

1.How does it work, do we have to see a lawyer first then we go there,or can we see a mediator and try to work something out?

2. will they point out if someone is unrealistic? my wife expects the house with all the equity,without paying me, because she paid the payments the last 3 years, but i paid off our big second mortgage

3. cost?

4. any other thoughts on this? do i need a lawyer to write up the mediation agreement if we do agree? or do they write something up and we just somehow finalize it?

just sort of wondering if they will make it clear she cant just get everything she wants, that wisconsin is a 50-50 state,no matter what

5. how do i really start it? talk to the court to set an appointment and just tell the wife? can she be told to go?

Wisconsin Divorce Mediation
(provided by Max D. Harris, Esq.)

In recent years there has been a growing interest in divorce mediation, which is a process for helping divorcing parties reach a settlement agreement in a cooperative manner rather than having them battle it out in court for the judge to decide the issues. Mediation lets the parties keep control of the process and of the terms of the divorce. Mediation, if successful, is likely to be much less expensive and much less stressful on the parties than fighting it out in court. It even tends to be less stressful and expensive than adversarial negotiations with each party having a separate lawyer with months of discovery, communications, and a series of proposals and counter proposals.

In Wisconsin, as in many states, there is both court-ordered mediation of custody and placement issues, and private mediation which tends to be comprehensive in nature and often occurs prior to commencing the divorce action (and hence is often called "pre-suit" mediation).

Court-ordered Mediation

Wisconsin law requires that parties who cannot reach an agreement on custody and placement issues first try mediation before proceeding with a full-blown custody dispute. Although mediation may be bypassed if the court finds that requiring mediation will cause undue hardship or would endanger the health or safety of one of the parties, in most cases mediation is mandatory before the court will allow the parties to go ahead with a custody battle.

This court-ordered mediation is usually done with a county mediator associated with the court system either by employment or by contract. The mediation is limited to issues related to custody and placement. No issue relating to property division, maintenance or child support may be considered unless the issue is directly related to custody and placement and the parties agree in writing to consider the related issue. Unrelated financial issues are absolutely prohibited, and related financial issues may be discussed only if both parties agree in writing to discuss the issues.

The custody/placement mediator shall be guided by the best interest of the child and may, in addition to regular mediation with the parties, do any of the following:

1. Include the counsel of any party or any appointed guardian ad litem in the mediation.
2. Interview any child of the parties, with or without a party present.
3. Require a party to provide written disclosure of any relevant facts.
4. Suspend mediation to allow a party to obtain an appropriate court order or appropriate therapy.
5. Terminate mediation if a party does not cooperate or if there are circumstances which make mediation inappropriate.

If mediation of the custody/placement issues is successful, a written agreement is prepared for review by the parties and their attorneys, and if approved is submitted to the court to be included in the court order or stipulation. If the parties are unable to reach an agreement in mediation, the court shall be so notified and a guardian ad litem shall be promptly appointed if this has not already been done.

If the parties wish to use a private mediator instead of the county mediator, they may do so. Although private mediation will generally cost more than county mediation, a private mediator may help the parties reach a comprehensive settlement on all issues, and this comprehensive scope sometimes helps the parties actually reach an agreement.

Private Mediation

Parties who are familiar with the concept of mediation may choose to begin mediation prior to starting a divorce. This creates the possibility of reaching a comprehensive agreement before the pressures of an inherently adversarial process damage the parties’ already troubled relationship. Even if parties are already involved in a divorce proceeding, they may turn to a private mediator to help them reach a settlement agreement through a collaborative process of private mediation.

Most mediators report that comprehensive mediation, if successful, usually is completed in three to six mediation sessions. The cost of three to six mediation sessions is almost certain to be substantially less than the cost to each party of legal fees in a litigated divorce.

Mediators are neutral facilitators of communication and negotiation. They help the parties understand each other’s interests and concerns, and promote the efforts of the parties to fashion their own settlement agreement in a respectful, collaborative spirit. Mediators who are also attorneys may inform the parties of the legal parameters of the issues they are facing: what would likely be acceptable to the court and what would not. Mediators can also help the parties move beyond negative tactics such as manipulation and intimidation, and to be properly respectful and responsible to each other as they work out their agreement.

When mediation is successfully completed, a comprehensive marital settlement agreement is prepared which is then presented to the court at the final hearing for its approval and the inclusion of the agreement in the divorce judgment.

Divorce..Is Mediation always possible..?

Living in the state of California..Divorce is going to child under 18..almost 18..a few more weeks..How does that work for child support?.(If Ex (to be) wants to file bankruptcy, is that possible?..We both have to file..Correct?…Is mediation always the way to go? Hope to hear from those that have been through it!

Your child will soon be 18, so that is a non factor for child support. He can file bankruptcy, without you, although it will also hurt you. Go ahead, get the divorce, then slowly but surely pick up the pieces of your life and move on!

Will someone be arrested on outstanding warrants during a child custody hearing?

Dude wants to go to court to begin making child support payments (which the mother does not want. Get this! She does not want a paternity test to see if the kids are his). However, Dude has warrants (speeding tickets) in Austin, TX (which he will resolve after the custody hearing). Can Dude be arrested for the warrants during the child custody hearing?

If he’s there for child support issues and his file(s) are not necessary it shouldn’t come up at this time. He should be okay unless the officers/staff present know him & are aware of these other details.

If the mother does not want relations with the father and he does want relations with his kids, she will either have to give reason why not & he might have to make another appointment to get a paternity test.

In the meantime, he may want to clear up the other if he is wanting to press the issue in court of child visits and she could ‘spill the beans’ on him & then he would have trouble & not likely get visitation, etc.

a divorce mediation she wants 100 % me 0 I want 20 % of hse only she brgs upold assult chg wht is gd comback?

She wants everything I am trying to get 20% of house only she is bringing up an OLD assult charge frm years ago what is a good rebuddle? and what baring could it have on me just gettig what im entitled to property wise (actually less way less)

Tell her straight you changed your mind and want all of it now. Make her fight for it. Use your ‘concessions’ on the house as bargaining chips to get more in other areas. The charge has no bearing on entitlement and she is merely trying to back you into a corner. Don’t fall for it and make sure your lawyer takes her to town.

Why am I being served child support papers when custody has never been established?

I have recently been served child support papers via mail, yet my ex and I have never been to court for child custody, and not had anything officially set up. I have our daughter 6 days of the week, yet the papers say I never have her and I am the non-custodial parent. How does this happen,, what do I do?

You need to get a lawyer fast. You ex is playing a dirty game. Your ex has filed a motion lying in order to get money.

Any parent who has charge of a child can get child support before custody has been adjudicated. This ensures that the child’s well being is maintained while the parties go through the legal process which is usually lengthy.

If you have custody of the child, you need to file a motion with the court asking for a declaratory interim judgment officially granting you custody for 6 of the 7 days and you need to bring proof showing the precedence, like school report cards, bills for clothing and for material for your child, etc. Anything that proves that your child is in fact with you for 6 days, including witnesses, partial and impartial.

A family lawyer will prepare all of this for you. But you need to intervene fast before your ex gets the motion heard. A lawyer can usually intervene and be ready to rebut any claims you ex will make in court.

If you have time, I would get your lawyer to have your motion for declaratory judgment heard before your ex’s motion. This would essentially nullify her motion and would protect you for good.

Since your ex served you, it means that you are now in defense, and as such it allows you to rebut the allegations and provide your own via an affidavit in which you explain the truth and present evidence. Since you were served, you need only provide the material in court at which time your ex’s lawyer will normally ask for a continuance in order to study the papers until they can respond to them, and which means the status quo (your current custody arrangement) is maintained. Then your lawyer should delay the proceedings for several months using well known tricks or tactics if you prefer, and during this time, you prepare all the evidence properly showing that you are an excellent parent and that you have had custody for 6 days.

Do not delay on seeing a lawyer as it can end up causing you more headaches and more money.

All the best

If I want to file for child support and child custody without a lawyer, where do I go and file?

I was never married to the father of my children. He was agreeing to the terms that I set out, now he wants to go and change them because our 5 year old does not want to see him. She won’t even go near his apartment door! He does not pay a dime to those children. He is not supposed to have time alone with the children because of uncontrolled sezuires and his girlfriend is the same way! They are on medication for that disorder but they never tell me if and when they go through one or more! I would be endangering the lives of the children. He also lives in a run-down apartment. I barely support the children on a 40-hour a week job and going to night school. What paperwork do I have to file and where, for child support and child custody?

Go to your county’s Child Support Agency. It’s in the phonebook. Call or walk-in. If the children are in your care for more than 1/2 the time, he will be required to pay child support. As far as him seeing them, you may have to go to mediation which cost me $100. I didn’t request it, he did. Actually, he requested it 2 times. Do your best as far as that goes. You do have to cooperate with visitation but only if he’s looking for the best interest of the child. Which is what the mediator does. However, the mediator will believe what he/she wants from both sides. Be polite. My ex started to get rude and it effected the outcome. I just stayed quiet during his little fit. I hope this helps. Good luck! Don’t let him bully you out of this either. You’re fighting for your children’s rights.

Have you ever considered mediation instead of a regular divorce?

mediation is required in some states if children are involved to avoid disputes over custody.. Divorces can be amiable if both parties agree on principal to the main points and agree no issues as it relates to property or such.

I went through mediation counseling in regards to making sure I was considered when it came to custody. Initially my ex-wife’s attorney filed for every other weekend, I filed back for full custody. we settled on joint. She was looking as losing a bunch of money as the result of me having full custody. That was the ONLY reason she wanted full custody not for the kids’ benefit. I wound up having about 70% custody but paid for 50/50. I didn’t want her time with the kids being such they couldn’t afford to eat there. She was always hurting for money as she spent money on crap.. It was a learning experience for her to realize she had to live on less "Stuff".. She is still digging out from debt.