How to File for Emergency Custody in Wisconsin

Filing for emergency custody can be a difficult and emotional process for parents in Wisconsin. However, sometimes it is necessary to protect the well-being and safety of a child. If you find yourself in a situation where you believe emergency custody is warranted, here is a step-by-step guide on how to file for emergency custody in Wisconsin.

1. Gather necessary documentation: Before filing for emergency custody, it is important to gather all relevant documentation such as police reports, medical records, and any evidence of neglect or abuse. This evidence will be crucial in supporting your case.

2. Consult with an attorney: It is highly recommended to consult with an experienced family law attorney who specializes in custody cases. They can provide guidance and help you navigate the legal process.

3. Determine the appropriate court: In Wisconsin, emergency custody cases are typically filed in the family court of the county where the child resides. Contact the family court in your county to determine the specific procedures for filing.

4. Complete the necessary forms: Fill out the appropriate forms required for filing for emergency custody. These forms can usually be obtained from the family court or online. Be sure to include all relevant information and provide detailed explanations for why emergency custody is necessary.

5. File the forms with the court: Once the forms are completed, file them with the family court clerk. Pay any required filing fees and obtain a copy of the filed forms for your records.

6. Serve the other party: After filing, you must serve the other party involved in the case with a copy of the filed forms. This can be done by hiring a process server or having someone over the age of 18, who is not involved in the case, hand-deliver the documents.

7. Attend the hearing: Once the other party has been served, a hearing will be scheduled. Attend the hearing and be prepared to present your case, including any evidence or witnesses that support your request for emergency custody.

8. Follow court orders: If the court grants emergency custody, it is important to follow any orders issued by the court. Failure to comply with court orders can have serious consequences and may impact your chances of obtaining permanent custody.

9. Consult with an attorney for long-term custody: Emergency custody is typically temporary and is granted to protect the child in an immediate crisis. It is important to consult with an attorney to discuss your options for obtaining long-term custody.

FAQs:

1. What constitutes an emergency in custody cases?
An emergency may include situations involving immediate danger to the child’s physical or emotional well-being, such as abuse, neglect, or exposure to dangerous environments.

2. Can I file for emergency custody without an attorney?
While it is possible to file for emergency custody without an attorney, it is highly recommended to seek legal advice to ensure you understand the process and have the best chance of success.

3. How long does the emergency custody process take?
The timeline for emergency custody cases varies depending on the circumstances and the court’s schedule. It is best to consult with an attorney to get a better understanding of the expected timeline.

4. Can I file for emergency custody if the other parent refuses to follow court orders?
If the other parent is not complying with court orders, you may file for emergency custody to address the issue and protect the child’s best interests.

5. What happens if emergency custody is denied?
If emergency custody is denied, you may still pursue regular custody proceedings to seek custody of the child. Consult with an attorney to discuss your options.

6. Can grandparents file for emergency custody in Wisconsin?
Yes, grandparents may file for emergency custody in Wisconsin if they can demonstrate that it is in the child’s best interests.

7. Can I file for emergency custody if the child is in immediate danger?
Yes, if you believe the child is in immediate danger, it is crucial to file for emergency custody to protect their well-being.

8. Do I need evidence to support my request for emergency custody?
Yes, it is important to provide evidence such as police reports, medical records, or witness statements to support your request for emergency custody.

9. Can I modify emergency custody orders?
Yes, emergency custody orders can be modified if there is a change in circumstances or if it is no longer in the child’s best interests. Consult with an attorney to discuss the process for modifying custody orders.

Filing for emergency custody in Wisconsin can be a complex and emotional process. It is important to gather evidence, consult with an attorney, and follow the necessary steps to protect the well-being and safety of the child.