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NYFamilyLawyer, Lawyer
Category: Family Law
Satisfied Customers: 547
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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I believe that a judge is being unfair in my custody case in

Customer Question

I believe that a judge is being unfair in my custody case in which he continues to allow parental rights to my two children's neglectful mother who has spend three of my son's nine years in jail, has been under restraint of a chips order,and has continually put my son 9,and daughter 6, in abusive situations. How do I go above this judge? It seems to me that my x wife meets more than one of the criteria for an involuntary can I make this happen? Please help my children, this is a nightmare.
Submitted: 4 months ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 4 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of our discussion? Thanks!

Can you tell me what state you are in? It's not showing up here. Also, is this an initial custody determination or a modification case? Thanks for the information.

Customer: replied 4 months ago.
I am in Wisconsin. This is a modification. I have been in and out of court with this for about 6 years.
Expert:  NYFamilyLawyer replied 4 months ago.

Okay thank you for that.

That's awful about being in and out of court for so long. I'm really sorry to hear it. Do you have an attorney?

Customer: replied 4 months ago.
Am I being charged every time I respond?
Expert:  NYFamilyLawyer replied 4 months ago.

No not at all. I just need more information, because you're better off with an attorney here but there are things you can do, so I was just checking to see if you were unrepresented or represented.

Expert:  NYFamilyLawyer replied 4 months ago.

In Wisc. there can be a government commenced Involuntary TPR action brought by a County District Attorney’s Office or by a County Department of Human Services against a parent who has abused or neglected a child. You would want to contact the county DA's office or Dept of Human Services to see if you can make this happen.

This type of case is commenced when:

1. A parent has abused or neglected a child;

2. A County Child Protective Services unit has removed a child from the parental home due to the abuse or neglect;

3. A court approves the removal and detention of a child and placement in a foster home, group home or home of a relative;

4. A court enters an order in a CHIPS (Child in Need of Protection or Services) case setting forth “conditions of return” that a parent must meet in order for the child to be returned to the parent;

5. Fifteen months go by and the parent has not met the “conditions of return.”

Expert:  NYFamilyLawyer replied 4 months ago.

The vast majority of cases filed seek involuntary termination. These cases are almost always brought by the State and the petition sets forth detailed information and facts to support the grounds alleged.

The grounds alleged must be proven by the State by clear, convincing and satisfactory evidence. There are seventeen grounds that can be alleged. They include:

Child in Continuing Need of Protection or Services. This occurs where there is in place a dispositional order that governs a child in need of protection or services, reasonable efforts have been made to help the child and family reunite but the parent has failed to take advantage of the programming and services offered. see 48.415(2)(a).

Or: Abandonment. Child away from parent, parent could visit or communicate but does not for 6 months. OR: Continuing Parental Disability. For two of the last five years the parent has been under disability, the condition is likely to go on indefinitely and the child is not being properly cared for.

Of these 17 grounds, most often the State alleges three grounds: Abandonment - 3 or 6 months, Continuing Need for Protection or Services, and Failure to Assume Parental Responsibility.

You can go over the judge's head by talking to the county DA or DHS and find out whether they will take your case. Make sure you give them sufficient information as to what's been going on. This will help with your custody case. It seems to me that you do indeed have enough things that have happened to the mother and to the children. You can contact the DA or DHS without an attorney.

Expert:  NYFamilyLawyer replied 4 months ago.

Does this answer your question? If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

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Expert:  NYFamilyLawyer replied 4 months ago.

Thanks in advance for rating me. I will be happy to answer any additional questions, no extra charge.

Expert:  NYFamilyLawyer replied 4 months ago.

It sounds like you really do have a good case for an involuntary TPR. You can pursue this without an attorney by going to the country DA and discussing this with them, or with Dept of Human Services. This is how you would go over the judge's head. In that case, if DHS decides to take the case, they can probably join the custody case with you. If the DA takes it, you can advise the court that the DA is handling this case. This is all going to impact the custody case. This is the best procedure for going forward for an involuntary TPR.

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