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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102369
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I have guardianship of two teenage children(one

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My husband and I have guardianship of two teenage children(one has a cognitive disability) and we are in the process of a nasty divorce. He has verbally abused the children and been lax in their morals(son saw him and his girlfriend having Skype sex). I do not think it is in the best interest of the children to be associated with him any longer. How do I go about this. I was considering a protective order or something.
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. Are there currently any temporary custody orders in place? If so, who is the visiting parent and who is the custodian? How old are the children?
Customer: replied 5 years ago.
there is no temporary in place. He is the visiting parent. Boy 13 and girl 15(she is disabled)
Expert:  Ely replied 5 years ago.
Thank you. A protective order would be too much since there is no 'immediate danger' to the children or their custody under Wis. Stat. § 767.001, Wis. Stat. § 767.41, or Wis. Stat. § 48.02(1)(a)-(gm).

A prudent course of action would be to file a Motion for Temporary Orders for custody while the petition is pending.

You can then ask to be the custodian and ask that his visitation be supervised or no-overnights while the petition is pending. You can find such a motion at sites like

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