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A step parent does have some rights, but they are extremely limited. In Wisconsin, step parents do have rights regarding day to day care, BUT their rights are subject to the wishes of the biological parent that they are married to. As regards parental rights, a step parent is not considered a parent, but a legal guardian. In all major decisions (custody) or major events, a step parent does NOT have rights, nor can they contest a parent's rights in court unless they can prove a danger to the child would occur. In fact, a step parent who interfears with a biological parent's rights in any way can be held in Contempt for doing so. In ALL matters regarding the children, the rights of the step parent is ALWAYS trumped by either biological parent, unless a judge interseeds. In joint custody arrangements, both parents have equal rights, no one parent is above the other, no matter who has the children more, and a step parent cannot be a tie-breaker unless both parents agree. Only a judge, federal law, or state law can overrule or remove a biological parent's rights. The bottom line is the rights of a step parent in Wisconsin are VERY limited and are always subject to the biological parents.

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Q: In the state of Wisconsin do step parents have rights to step children if the custodial parents have fifty fifty custody and placement?
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Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.


Non custidial parenting getting underage child a tattoo can she what rights does the custodial parent have?

It depends on what kind of custody arrangements you have. If you have joint legal custody, you both have to decide together what is best for the children. If you do not want the child to have a tattoo, the non-custodial parent should not allow the child to have it done and you can file contempt charges if they do.


What happens if the custodial parent does not follow the court order for visitation in Nebraska?

He/she can lose custody all together. The non-custodial parent needs to file a motion for contempt of a court order. If the custodial parent continues to violate the order they could eventually lose custody.


How can you deny joint custody to an abusive parent?

YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation. Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation. Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.


Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.

Related questions

If a mother has custody of the children but does not live with them what can a non custodial parent who wants the children do?

The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.


Can you move your children out of state if you have residential custody?

There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.


Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?

If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.


How does a 16 year old petition the court to live with other parent?

Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.Children cannot petition courts regarding their own custody. The petition must be filed by the non-custodial parent.


Can custody be changed if the custodial parent removes minor children from the country in violation of a court order?

Yes


Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?

In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.


You signed over custody and placement of your daughter she wants to communicate with you Can her father not allow this Wisconsin?

Not if custody is the only issue, but he's not obligated if there's no court order clarifying contact. See links


Will the judge change custody over to the non custodial parent if the custodial parent went to prison?

The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.


Can you get custody of your children if they now live with you?

If there was a previous court order giving the other parent custody, but the children are now living with the non-custodial parent, then yes. You should petition the court to change the custody order to reflect the new living arrangements.


If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?

Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.


Can the non-custodial parent take the children out of state on vacation without the custodial parent?

You can take the child out of state based on your custody order. If you don't have a custody order and paternity has never been established then the mother has sole custody and you only get what rights she grants you voluntarily (including how far away you can take them).


Who is the custodial parent when custody is fifty percent for each parent?

If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.