Wisconsin > Statewide > Circuit Court > Divorce With Minor Children
Summons With Minor Children FA-4104 - Wisconsin
| Summons With Minor Children Form. This is a Wisconsin form and can be used in Divorce With Minor Children Circuit Court Statewide . |
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FORM SUMMARY Name of Form: Form Number: Summons with Minor Children FA-4104 Statutory Reference: Benchbook Reference: Purpose of Form: §§767.215(2m) and 801.095, Wisconsin Statutes To notify the respondent of the existence of an action for divorce or legal separation in cases that the parties have minor children. Pro Se person seeking a divorce or legal separation Original filed with the court, copies authenticated by the clerk of court served on the respondent, Family Court Commissioner, Child Support Agency (if necessary) and other parties. The Petition is attached. Other documents may include Petition for a Temporary Order, Financial Disclosure statement, and locally-required documents such as Orders to attend parenting classes. Modification; last update; 08/06. Updated to be compliant with 2005 Wisconsin Act 443. Effective 01/07. None This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office. As a pro se form, its use is NOT mandatory but it is required to be accepted and distributed by the circuit courts of the State of Wisconsin. Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modification: Comments: About this Form: Date: 10/05/2006 American LegalNet, Inc. www.FormsWorkflow.com PRINT in BLACK ink Enter the name of the county in which you are filing this case. STATE OF WISCONSIN, CIRCUIT COURT, For Official Use COUNTY In re the marriage of: Enter your name (you are the petitioner). Petitioner: First name Middle name Last name Enter your address. Address On the far right, check divorce or legal separation. Address City State Zip and Enter your spouse's name (your spouse is the respondent). Enter your spouse's address. Summons With Minor Children Middle name Last name Respondent: First name Address Divorce-40101 Legal Separation-40201 Note: Leave case number blank; the clerk will add this. Address City State Zip Case No. The State of Wisconsin, to the person named above as respondent: You are notified that your spouse has filed a lawsuit or other legal action against you. The Petition, which is attached, states the nature and basis of the legal action. Within 20 days of receiving this Summons, you must provide a written response, as that term is used in ch. 802, Wis. Stats., to the Petition. The court may reject or disregard a response that does not follow the requirements of the statutes. Enter the name and address of the 2 identified government offices. DO NOT leave these lines blank. You must obtain these addresses and fill them in, or your Summons will be incomplete and will harm your case. This information may be available in the local phone book under listings for the county or from your local Clerk of Court's office. The response must be sent or delivered to the following government offices: Clerk of Court Name of county Address Address City State Zip County Child Support Agency Name of agency Address Address City State Zip The response must also be mailed or delivered within 20 days to the petitioner at the address above. FA-4104 Pro Se, 10/06 Summons-With Minor Children §§767.215(2m) and 801.095, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. American LegalNet, Inc. Page 1 of 3 www.FormsWorkflow.com It is recommended, but not required, that you have an attorney help or represent you. If you do not provide a proper response within 20 days, the court may grant judgment against you, and you may lose your right to object to anything that is or may be incorrect in the Petition. A judgment may be enforced as provided by law. A judgment may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. If you need help in this matter because of a disability, please call: Sign and print your name. Signature Print or Type Name Enter the date on which you signed your name. Note: This signature does not need to be notarized. Date **IMPORTANT NOTICES** You are notified of the availability of information from the Family Court Commissioner as set forth in sec. 767.105 Wis. Stats. 767.105 Information from Family Court Commissioner. (2) Upon the request of a party to an action affecting the family, including a revision of judgment or order under sec. 767.59 or 767.451: (a) The Family Court Commissioner shall, with or without charge, provide the party with written information on the following, as appropriate to the action commenced: 1. The procedure for obtaining a judgment or order in the action. 2. The major issues usually addressed in such an action. 3. Community resources and family court counseling services available to assist the parties. 4. The procedure for setting, modifying, and enforcing child support awards, or modifying and enforcing legal custody or physical placement judgments or orders. (b) The Family Court Commissioner shall provide a party, for inspection or purchase, with a copy of the statutory provisions in this chapter generally pertinent to the action. You are notified that if the parties to the action have minor children, violation of the following criminal statute is punishable by fines and/or imprisonment as set forth in sec. 948.31 Wis. Stats. FA-4104 Pro Se, 10/06 Summons-With Minor Children §§767.215(2m) and 801.095, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 2 of 3 American LegalNet, Inc. www.FormsWorkflow.com 948.31 Interference with custody by parent or others. (1) (a) In this subsection, "legal custodian of a child" means: 1. A parent or other person having legal custody of the child under an order or judgment in an action for divorce, legal separation, annulment, child custody, paternity, guardianship or habeas corpus. 2. The department of health and family services or the department of corrections or any person, county department under sec. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody or supervision of the child has been transferred under chapter 48 or chapter 938 to that department, person or agency. (b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away, or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of
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