As my son’s legal father do i have the first choice where or who my son goes to if my ex-wife can not watch him for a time.

UPDATED: May 27, 2009

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As my son’s legal father do i have the first choice where or who my son goes to if my ex-wife can not watch him for a time.

She and i have 50:50 custody but she does have 60:30 placement in her favor. So say she has to work or go to her moms and cannot bring my son, and i cannot watch him, and the person she chooses to watch him is unfit and she has no one else, do i get first choice to whom i think should watch him?

Asked on May 27, 2009 under Family Law, Wisconsin


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not a Wisconsin lawyer, and this question just scratches the surface of the facts in a case of this sort.  You need to explore all of what's happened and what is going on now, with an experienced family law attorney in your area, to get reliable advice on how to deal with this.  One place to look for a lawyer is our website,

In most cases, share legal custody means that a parent in your role should be consulted on decisions like day care providers, but if you can't agree, the parent of primary residence -- in this case the mother -- gets to make the call.  It will take real proof that your family time is being shortchanged, or that someone truly unfit is caring for him when you could be doing that instead, to get the court to act, most likely.


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