How do we set up Mediation?
If you are having problems with custody and placement and would like to meet with a mediator, send a written request to the Family Court Commissioner and to the other party. Your request should specifically state the problems you are experiencing. If you have a Family Court Case in Rock County, the Circuit Court Judge or the Commissioner will refer you to Mediation and Family Court Services (MFCS).  If this is your first mediation in the case and you are only mediating child custody and placement issues, Rock County will pay for the initial session.  If this is not your first mediation or if you want to mediate other issues, you will have to make a deposit against the mediator's fees. For more information, please refer to Rock County’s Mediation and Family Court Services.

What will the Family Court do if the other party isn't following the court order?
With very limited exceptions, the Family Court does not monitor the parties to be sure they are following court orders. If you believe the other party is not following the order, you can file a motion or an order to show cause to get the matter in front of the Family Court for a decision.

How do I get a hearing scheduled?
You will need to file a motion or an order to show cause to get a hearing.  These are formal requests that you make to the court to have the matter heard.  Once you have the paperwork ready, you should call the Court Commissioner's office to request a hearing. See the Judges or Commissioners pages for contact information.

He/She isn't letting me see the kids. What can I do?
Child custody and placement issues are very complicated, and it is strongly recommended that you talk to a lawyer about this. If you choose to try to deal with these issues without a lawyer, you can send a request to the Family Court Commissioner requesting that mediation, or you may prepare an Order to Show Cause Packet to get a hearing on the issue.

I want to move the kids out of Wisconsin. What do I need to do?
The requirements for moving children out of the state are set out in Section 767.327 of the Wisconsin Statutes. There may be additional requirements in your temporary order or divorce judgment. To be sure you are doing things correctly, consult your lawyer.

He/She isn't paying the child support ordered. Can I stop him/her from seeing the kids?
No. Issues of child support and periods of placement are separate.  Withholding periods of placement because the other parent isn't paying support is not allowed.

He/She smelled like liquor when he/she came to pick up the kids. Do I have to send them?
If the children will be in physical or emotional danger, you do not have to allow the other parent to have the children. WARNING: This is a complicated area and you withhold placement at your own risk. If you withhold placement the court may find you in contempt! It is vitally important to seek the help of a lawyer immediately.

How old does a child have to be before he/she can decide which parent he/she wants to live with?
A minor child does not have the right to decide which parent he or she will live with. The wishes of the child are just one factor to be considered by the court in deciding placement.

Can I give up my rights to the child so I can stop paying child support?
Terminating parental rights is a complicated area and a competent lawyer should be consulted before making any decisions. Most of the time, unless there is another person ready, willing, and able to adopt the child, termination of parental rights is not an option.

How do I make an appointment to speak with the Family Court Commissioner? (How do I talk with the Family Court Commissioner?)
The Commissioner cannot meet with you to discuss your case unless the other side is present. This is because ex parte communication by the court is forbidden under the law. If you would like to present facts to the Commissioner and ask for a ruling on some matter, you will need to schedule a hearing before the Family Court Commissioner.  To schedule a hearing, you will need to file a motion or order to show cause.

Will you recommend a lawyer?
No. To find a lawyer, try the yellow pages, talk to people you know, or try the Wisconsin Bar Association website.