What is the name of your state (only U.S. law)?
Wisconsin
My child's father and I divorced when she was a year old. Despite my protests in court he was awarded joint custody and placement even though he decided to take up Heroine as his new pass time. Even from the start he refused to pay child support, refused to abide by a schedule, and for months on end would not even see her. His interest in our family seemed to be to see how many problems he could cause. He called Social Services on me for things like dirt under her nails, dog hair on her clothes, and once just because he showed up at the house pounding on the door and screaming to be let in. I can't imagine anyone would open the door to someone pounding and screaming no matter what the circumstances. It was not his time to have her so I only opened the door when the police showed up to do a wellness check on my daughter. He ended up going to prison for robbery of upwards of $2,500 and sentenced to 5 years prison time then parole. Max release date 11/2020 The district attorney contacted me in regards to his sentencing, and if I felt it would be beneficial for him to serve a shorter sentence. His addiction was also a factor in his sentencing. I made the agreement that if he were to spend 5 years in prison to get clean and sober I would not go after him for custody of our daughter. He was released after 3 years prison time in August 2015. The first 5 months he paid nothing in child support even though he had a job, and saw her minimally. I allowed him to have visitation whenever he wanted as long as he gave me 48 hours notice and it wasn't a school night. (He flat out refused to make a set schedule) I provided transportation, food, clothing, and entertainment for her while she was in his care. I even wrote out a "manual" for him of things she likes, food she will eat, toys that are appropriate for her etc. to make the transition easier on both of them.
From February to April 2016 his visits went from every other week to once a month. The final time he saw her was in March she was there for 2 hours and he called for me to take her home early. Afterwards he called social services in regards to a small rash on her cheek the size of a quarter because she has such sensitive skin she rubbed her eye on the shower curtain and got a rash, and a tiny little bruise on her toe from stubbing it on the stairs. Needless to say SS did not find anything to be concerned about because she has a log history of skin sensitivity and what child doesn't get a bruise from time to time?
About a week later he sends me a text message stating that he does not want to see her anymore, but he will not give up his rights. Child support payments stopped, all communication stopped, and I did not hear anything about him until August 2016 when I learned he had run from his parole and was attempting to flee the country with his 17 year old girlfriend. He was caught in November in Kentucky. His charges were posted online which are as follows: In Kentucky/ 3rd degree arson, fugitive from another state, giving false name and address to an officer in Wisconsin/ Parole violation manuf/delivery of meth, 2 counts of endangering the life of anther 2nd degree, disorderly conduct, destruction of property, trespassing. I'm told by his 17 year old girlfriends parents that they are going after him for kidnapping and statutory rape but I can't confirm this because it's not posted anywhere. (They contacted me in regards to finding their daughter while they were on the run)
Needless to say that although my daughter is 6 years old it's highly unlikely he will ever be released while she's still a minor. I also want to add that she is severely autistic and disruption of her routine can be very traumatic for her.
My questions:
Can I take him to court to terminate his parental rights?
If so do I file it as a standard custody modification?
While he is in prison can he force me to bring her to visit? (for future reference because the last time we spoke was in March 2016)
Should I wait to take him to court for custody until after he is tried and convicted?
Wisconsin
My child's father and I divorced when she was a year old. Despite my protests in court he was awarded joint custody and placement even though he decided to take up Heroine as his new pass time. Even from the start he refused to pay child support, refused to abide by a schedule, and for months on end would not even see her. His interest in our family seemed to be to see how many problems he could cause. He called Social Services on me for things like dirt under her nails, dog hair on her clothes, and once just because he showed up at the house pounding on the door and screaming to be let in. I can't imagine anyone would open the door to someone pounding and screaming no matter what the circumstances. It was not his time to have her so I only opened the door when the police showed up to do a wellness check on my daughter. He ended up going to prison for robbery of upwards of $2,500 and sentenced to 5 years prison time then parole. Max release date 11/2020 The district attorney contacted me in regards to his sentencing, and if I felt it would be beneficial for him to serve a shorter sentence. His addiction was also a factor in his sentencing. I made the agreement that if he were to spend 5 years in prison to get clean and sober I would not go after him for custody of our daughter. He was released after 3 years prison time in August 2015. The first 5 months he paid nothing in child support even though he had a job, and saw her minimally. I allowed him to have visitation whenever he wanted as long as he gave me 48 hours notice and it wasn't a school night. (He flat out refused to make a set schedule) I provided transportation, food, clothing, and entertainment for her while she was in his care. I even wrote out a "manual" for him of things she likes, food she will eat, toys that are appropriate for her etc. to make the transition easier on both of them.
From February to April 2016 his visits went from every other week to once a month. The final time he saw her was in March she was there for 2 hours and he called for me to take her home early. Afterwards he called social services in regards to a small rash on her cheek the size of a quarter because she has such sensitive skin she rubbed her eye on the shower curtain and got a rash, and a tiny little bruise on her toe from stubbing it on the stairs. Needless to say SS did not find anything to be concerned about because she has a log history of skin sensitivity and what child doesn't get a bruise from time to time?
About a week later he sends me a text message stating that he does not want to see her anymore, but he will not give up his rights. Child support payments stopped, all communication stopped, and I did not hear anything about him until August 2016 when I learned he had run from his parole and was attempting to flee the country with his 17 year old girlfriend. He was caught in November in Kentucky. His charges were posted online which are as follows: In Kentucky/ 3rd degree arson, fugitive from another state, giving false name and address to an officer in Wisconsin/ Parole violation manuf/delivery of meth, 2 counts of endangering the life of anther 2nd degree, disorderly conduct, destruction of property, trespassing. I'm told by his 17 year old girlfriends parents that they are going after him for kidnapping and statutory rape but I can't confirm this because it's not posted anywhere. (They contacted me in regards to finding their daughter while they were on the run)
Needless to say that although my daughter is 6 years old it's highly unlikely he will ever be released while she's still a minor. I also want to add that she is severely autistic and disruption of her routine can be very traumatic for her.
My questions:
Can I take him to court to terminate his parental rights?
If so do I file it as a standard custody modification?
While he is in prison can he force me to bring her to visit? (for future reference because the last time we spoke was in March 2016)
Should I wait to take him to court for custody until after he is tried and convicted?
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