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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36581
Experience:  Attorney with 16 years experience
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I am an unmarried mother in the state of Wisconsin. My

Customer Question

i am an unmarried mother in the state of Wisconsin. My daughter is at the fathers home and he will not give her back, What can I do right now to take her home?
Submitted: 11 months ago.
Category: Family Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the father listed on the birth certificate as the legal father?

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thanks

Barrister

Customer: replied 11 months ago.
Expert:  Barrister replied 11 months ago.

Ok, then I am afraid that the police won't be able to help in a situation like this. The reason is that if he is on the birth certificate, then he is considered the legal father and would have exactly equal rights to the child as you have in the absence of any type of custodial order. So whichever parent has the child, they have a legal right to do so.

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So you would have to file a formal paternity action in family court to have a judge put in a custody/visitation order establishing a fixed schedule for when the child would be with each parent. As part of that order, a child support order is also typically entered in favor of the primary custodial parent.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 11 months ago.
He is bipolar and schizophrenic and dual personality and is not taking his meds.
Customer: replied 11 months ago.
I read that the mother has legal rights to the child, that the mother rights over ride the father
Expert:  Barrister replied 11 months ago.

I am sorry, but that is not correct. If he is on the birth certificate, then you have exactly equal rights to the child. If he wasn't on it, then he would have no legal rights at all.

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That is why the police couldn't do anything..

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thanks

Barrister

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