What can I do if I am denied visitation with my children?
1.) You may request mediation services. That form is available in the Family Court Commissioner office. A date will be arranged with a mediator who will help parents resolve placement issues. If an agreement is reached, you may attach the agreement to form FA-604 (Stipulation and Order to Amend Judgment) and it will then become part of your court order.
2.) If you cannot reach an agreement between yourselves or through a mediator, you may request a hearing by completing an Order to Show Cause to Revise a Judgment. The form is available in the Family Court Commissioner Office or the Clerk of Court Office. The filing fee is $50.00 plus process service fees.
3.) If you have a court order currently in effect that states what periods of placement you are entitled to, then you may file a Petition to Enforce Physical Placement Order (FA-609). This form is available in either the Child Support Agency, Clerk of Circuit Court Office or the Family Court Commissioner Office.
How can we change our court order regarding issues such as child support, placement, custody or arrears if we have an agreement between both parties?
You may request and complete form FA-604, A Stipulation and Order to Amend Judgment, submit it to the Child Support Agency and upon approval of the Child Support Director and the Court Commissioner, it will become an order modifying your judgment. There is no filing fee for this action.
I’ve been laid off or terminated from my job. How can I afford to pay the court ordered child support?
1.) If the other party agrees to a reduction in child support, you can request and complete form FA-604, A Stipulation and Order to Amend Judgment, submit it to the Child Support Agency and upon approval of the Child Support Director and the Court Commissioner, it will become an order modifying your judgment. There is no filing fee for this action.
2.) If the other party does not agree and when there is a substantial change in circumstances, you may request a change in child support. That can be achieved by completing the Order to Show Cause to Revise a Judgment. The form is available in the Family Court Commissioner Office or the Clerk of Court Office. The filing fee is $30.00 plus process service fees. After completing the form and returning it to the Family Court Commissioner, a hearing date will be assigned, the court will take testimony at the hearing and make a decision regarding the request.
I want to move out of the state and take my child (ren) with me. What do I have to do?
The Court Commissioner office has a procedure packet available to parties regarding Wisconsin Law on Removal of Minor Child 767.327 Wis. Stats., stating what each party is required to do.
I fear my children are not safe when they are in placement with the other parent. Can I deny visitation to that parent?
Safety comes first. Do NOT let your child go to the other parent if the child’s health or safety is in danger. For example, do not release a child to a parent under the influence of drugs or alcohol. But be careful! If your denial of a visit is in violation of the court order, you must file a motion in court to revise the order as soon as possible after the incident occurs, unless it is a one-time occurrence and not likely to happen again. If you suspect abuse, call the Department of Human Services before you deny periods of placement to the other parent and file a motion to revise the placement schedule as well.
I’m scheduled for a court appearance and I can’t get off of work or it’s too far to travel.
You may be allowed to appear by telephone if you put your request in writing prior to the hearing. Failure to appear for a hearing may result in a default judgment against you or issues that are important to you may not be ruled in your favor. If you are the party who scheduled the motion and then fails to appear for the hearing without having obtained an adjournment, the motion will be dismissed on the merits and may not be brought again without an additional or new factual basis. If you need an adjournment of your hearing date, you must request it more than 48 hours prior to the scheduled proceeding. Your request must be in writing, specifying the reason, stating the other side’s position on the request, and send a copy to the other side.
It is the policy of Manitowoc County to comply with the equal opportunity policy and standards of the Wisconsin Department of Children and Families, the Department of Health Services and the Department of Workforce Development and all applicable state and federal statutes and regulations relating to nondiscrimination in employment and service delivery.