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120 day cooling off period

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V

velbing

Guest
What is the name of your state? Wisconsin
Under what conditions can I get the Judge to forego the waiting period.
My husband has been in the county jail for the last 11 months. In mid November, he is going to stand trial for 2 counts of second degree sexual assault of a child under 15, 6 counts of felony possession of a firearm, and 1 count of felony bail jumping. He also has a prior felony convictin for burglary. It looks as though they have him dead to rights on all charges and are looking to prosecute him a sexual predator, meaning he will never get out of prison. The court has granted a restraining order for our kids. I am waiting to file till he is convicted and sentenced, but I don't want this to drag out forever. If he is sentenced to even 1/4 of what the DA is seeking, he will not get out before our youngest is 18. He'll never pay support, never get custody, and will never make a mortgage payment. He has already signed a quit claim deed and title transfer. There simply won't be anything to decide, especially if he is imprisoned out of state(judge is hardly likely to order visitation in a Federal Penitentiary for a child sex offender.) I simply want to get on with my life with my kids and distance them from this nightmare.
 


V

velbing

Guest
I guess, as I am doing the divorce filing myself without an attorney, I think that my arguments for sole custody stand a better chance if I can state that he has already been convicted rather than if I say he has been accused of.
 
V

velbing

Guest
120day cooling off period

It doesn't matter if he fights it or not. In Wisconsin, both parents have joint custody automatically, unless there is a compelling argument presented to the court as to why one parents rights should be terminated. Physical placement will automatically be awarded to me. But I don't want to fight with him over what doctor the kids see or which school district they attend. Issues he has never wanted a say in before, he wants to bicker about now.
 

djohnson

Senior Member
I think you already have a compelling argument now as to why he shouldn't get joint custody. I wouldn't wait.
 

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