Couple questions....ok several

[Zephyr]

All parties and order in WI.

Little background, I have two children from 2 fathers. I have started court motions recently regarding both children. The older child I am the NCM for and the younger I have a 50/50 split with dad- no cp designation.

The older child I have filed a motion for modification of physical custody with the request of a new parenting plan if the judge does not see fit to transfer custody. The younger child I have filed to have the school district determined and a parenting plan put in place, as there wasn't one previously.

The father of the younger child (and his family) were instrumental in the case transfer custody of my older child to dad.

As I am taking both fathers back to court, I have no reason to doubt they won't try to help each other again. Actually due to things I have heard, I have every reason to believe they will help each other and testify on each others behalf.

I have not been found unfit by any judge or court, the judge in my son's case actually said I provide the better environment but because my son had lived with dad for the duration of the court case under an ex parte order, that he didn't want to disrupt his life again now that he had adjusted.

Questions:

1. In Wisconsin do I have to make any type of formal request to open discovery?

2. What type of request do I make to find out who will be called as witnesses?

3. How do I best use interrogatories and/or depositions? Can I use both?

4. In my younger child's case, I believe the father will call the father of the older child as a witness in some capacity- however the father of the older child has never once seen me interact with the younger child at all- I believe any testimony from him will be of the character assassination variety. Is there a way I can prohibit him from tesifying?

5. Is it in my interests to make the court aware of this "teamwork" on the part of the fathers? How do the courts view this type of thing?

 

[ezmarelda]

I wish I has some answers for you Zeph but I know nada on WI law. I can say it sounds like the fathers of your children are a$$hats...and you will be in my prayers (like it or not ) Good-luck and I hope someone is along soon with some help for ya.

 

[Silverplum]

I wish I has some answers for you Zeph but I know nada on WI law. I can say it sounds like the fathers of your children are a$$hats...and you will be in my prayers (like it or not ) Good-luck and I hope someone is along soon with some help for ya.

Ditto what eme wrote. Sorry I can't help ya, Zeph, but I wish you great good luck.

 

[Zephyr]

I wish I has some answers for you Zeph but I know nada on WI law. I can say it sounds like the fathers of your children are a$$hats...and you will be in my prayers (like it or not ) Good-luck and I hope someone is along soon with some help for ya.

I'll take the prayers!

I think they see some possible benefits of helping each other out ( I personally think they both a$$hats too- but I'm stuck with them for the next 7 years and 13 years)

I also wonder, during the initial stages of the court case regarding the older child, dad2 and I were still together- dad2 told the GAL for that case the truth about what he thought of dad1, so I also wonder if that GAL could be called as a witness (he's no longer on the case) to impeach dad2 testimony?


arrrrg- I feel like a war strategist.....

 

[stealth2]

I doubt you'll be able to bar either of them from testifying, so you'll have to figure out how to cross and prove your version of things.

 

[Zephyr]

I doubt you'll be able to bar either of them from testifying, so you'll have to figure out how to cross and prove your version of things.

I was afraid of that, once the judge hears something- he can't unhear it though, oh fun another mudslinging event.....

 

[nextwife]

Just as is the case for most CPs - a change of custody would require more than finding that you can provide a better environment. TONS of NCPs could provide a better environment, and they still can't get custody changed. The courts like status quo, as long as no proven UNFITNESS exists on the part of the CP.

Is there a significant change in circumstance?

 

[Zephyr]

Just as is the case for most CPs - a change of custody would require more than finding that you can provide a better environment. TONS of NCPs could provide a better environment, and they still can't get custody changed. The courts like status quo, as losng as no priven UNFITNESS exists on the part of the CP.

Is there a significant change in circumstance?

denial of parenting time, refusal to coparent-on various levels, the felon stepmom/gf telephonically harrassing me to the point of criminal charges and conviction while on probation, child wanting at least more time with me if he can't live with me....(he says that on his own every single time I have to take him back to dad's), slight decline in grades, continued instability overall in the home- like you said not unfitness but not optimal either

really- I am not holding my breath for a change of custody...but I certainly wouldn't get it if I didn't ask for it....

 

[Ohiogal]

All parties and order in WI.

Little background, I have two children from 2 fathers. I have started court motions recently regarding both children. The older child I am the NCM for and the younger I have a 50/50 split with dad- no cp designation.

The older child I have filed a motion for modification of physical custody with the request of a new parenting plan if the judge does not see fit to transfer custody. The younger child I have filed to have the school district determined and a parenting plan put in place, as there wasn't one previously.

The father of the younger child (and his family) were instrumental in the case transfer custody of my older child to dad.

As I am taking both fathers back to court, I have no reason to doubt they won't try to help each other again. Actually due to things I have heard, I have every reason to believe they will help each other and testify on each others behalf.

I have not been found unfit by any judge or court, the judge in my son's case actually said I provide the better environment but because my son had lived with dad for the duration of the court case under an ex parte order, that he didn't want to disrupt his life again now that he had adjusted.

Questions:

1. In Wisconsin do I have to make any type of formal request to open discovery?


Read this hon:
http://www.legis.state.wi.us/statutes/Stat0804.pdf

2. What type of request do I make to find out who will be called as witnesses?

Rules of Civil Procedure -- normally they must provide you with a witness list and exhibit list before trial.
3. How do I best use interrogatories and/or depositions?

Depositions are expensive. They require a court reporter and time (think about $500 for a few hour deposition and one trascript). They can be used best if you want to surprise people and not give them a chance to prepare their answer to every question however I normally stick with interrogatories, requests for admissions and requests for production of documents. Interrogatories allow you to get information per the rules inexpensively and tailor the questions to the circumstances. Just make sure you understand the rules regarding them.

Can I use both?

Yes.

4. In my younger child's case, I believe the father will call the father of the older child as a witness in some capacity- however the father of the older child has never once seen me interact with the younger child at all- I believe any testimony from him will be of the character assassination variety. Is there a way I can prohibit him from tesifying?


You can object to questions based on relevancy, speculation, and various other things -- read the rules of evidence.

5. Is it in my interests to make the court aware of this "teamwork" on the part of the fathers? How do the courts view this type of thing?

If he is testifying you can impeach his testimony by using such things as the GAL report (if you can get or have a copy of it) and having him testify as to what he has to gain by painting you as a villian. You really need to prepare your questions.
Start with the local rules though and find out what is necessary regarding witness/exhibit lists.

 

[Ohiogal]

denial of parenting time, refusal to coparent-on various levels, the felon stepmom/gf telephonically harrassing me to the point of criminal charges and conviction while on probation, child wanting at least more time with me if he can't live with me....(he says that on his own every single time I have to take him back to dad's), slight decline in grades, continued instability overall in the home- like you said not unfitness but not optimal either

really- I am not holding my breath for a change of custody...but I certainly wouldn't get it if I didn't ask for it....

Ask for a GAl to be appointed to speak to child or for an incamera (though those are extremely tricky as judges HATE having children in the courtroom and you dont want to piss off a judge). Can you prove the denial of parenting time through contempts he has been found guilty of? Same with refusal to coparent. Felon stepmom is NOT a party to this so watch trying to introduce that. Slight decline in grades -- can you show it is due to dad? You probably won't get it but you may get more time.

 

[fairisfair]

best of luck Zeph. Dontcha just wish you could carry a little OhioGal in your pocket??

 

[ezmarelda]

best of luck Zeph. Dontcha just wish you could carry a little OhioGal in your pocket??

LMAO!!!...I can just picture a little OhioGal on one sholder and a BB on the other

 

[Zephyr]

Thanks OG! I do have the rules of civil procedure and have been really studying them, it's been worse than studying for college finals!!!

and the part about "they must provide you with a witness list and exhibit list before trial"

even though they "must provide" that is, at my request right? I mean they aren't just going to hand it over out of the blue right?

 

[Zephyr]

Ask for a GAl to be appointed to speak to child or for an incamera (though those are extremely tricky as judges HATE having children in the courtroom and you dont want to piss off a judge). Can you prove the denial of parenting time through contempts he has been found guilty of? Same with refusal to coparent. Felon stepmom is NOT a party to this so watch trying to introduce that. Slight decline in grades -- can you show it is due to dad? You probably won't get it but you may get more time.

we are getting a new GAL- which is huge, especially if we get the one I think will be appointed- that's the best part...

he admits the denial of time, he thinks he's right- same with the co-parenting- he thinks the only time I should have any knowledge or input about son is during the 2 weekends I have him per month...

I will have to look it up again- it's in my huge binder at home...but there is a specific statute that says the criminal record of a step can be considered in a custody matter

and her last entanglement with the law was a physical altercation that happened in the presence of the child

just having more time will be an improvement, I know it's an uphill battle, but so much happened within a 1 month time frame that I really couldn't not file KWIM

 

[Zephyr]

LMAO!!!...I can just picture a little OhioGal on one sholder and a BB on the other

you bet! I'd feel like OJ with the dream team