If my son’s mother tried to hurt herself while my son was in her care, what can I file to keep him full-time until she gets the help that she needs?

UPDATED: Dec 24, 2012

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If my son’s mother tried to hurt herself while my son was in her care, what can I file to keep him full-time until she gets the help that she needs?

She compulsively lies to me and everyone else. I’m not comfortable leaving him alone in her care.

Asked on December 24, 2012 under Family Law, Wisconsin


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your son's mother has untreated emotional issues, then you do need take some action to make sure that your son is safe.  You have a couple of different options.  The first is that if you believe your child is in immediate danger, then you should file a report with the Wisconsin Department of Child Protective Services.  Here is a link to their site which will tell you where to file the report: http://dcf.wisconsin.gov/children/CPS/index.HTM .  Your second option is to file a motion to modify the child placement plan if you and her already had custody orders in place.  If you do not have orders in place, then you can retain the child and file a custody suit.  In either situation (modification or new suit), you can ask for temporary orders which grant you primary custody while she works through her issues.  You may also want to request that a custody/placement investigation be ordered by the court.  This is where the court requires someone to actually study the homelife of both parents and report back to the court concerns and positives of the different placement options.  If the mother does not take steps to resolve her issues, you can move forward with your modification/ custody request and ask the court to place the child with you on a regular basis.

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