Wisconsin family law attorneys frequently have to make the distinction between legal custody and physical placement, as the two tend to be used interchangeably by the public. Legal custody refers to a parent’s legal ability to make decisions for his/her child regarding such important topics as religion, schooling, and medical care, among other things. Physical […]
Once an initial hearing has been held, regarding a parent’s motion to relocate the child, the parties will be referred to mediation and have a Guardian ad Litem appointed to represent the child’s best interests. At any time between the initial hearing and the final hearing, the relocating parent can request a temporary order to […]
A parent involved in a case regarding relocation of a child more than 100 miles away from the other parent should consult Wisconsin Statute 767.481. Recent changes to the statute affect cases commenced after April 5, 2018. If the court grants any periods of physical placement with a child to both parents and one parents […]
One of the most contested issues in any paternity case, separation, or divorce is child support. In order to determine what support payments should be made, if any, the court must first determine physical placement of the child. Placement refers to where the child will be residing. If a parent has less than 25% of […]
In the state of Wisconsin, when parents cannot reach an agreement on custody and placement of their child, the court will appoint a Guardian ad Litem to the case. The Guardian ad Litem, or GAL, is a family law attorney appointed to represent the best interests of the child. The role of the GAL is […]
A non-parent may obtain legal authority over a minor by obtaining a guardianship. A guardianship grants an individual “care and custody” of the child and typically occurs in cases in which a parent is unable to provide care for the child. A guardianship does not terminate parental rights, but simply allows for the non-parent to […]
When the parents of a child are unmarried, it would be beneficial for the father to establish legal paternity. If paternity is not legally established, the mother has sole custody and placement of the child, and the father has no legal rights. This is the case even if both parties know who the biological father […]
Maintenance, sometimes known as alimony or spousal support, can be awarded by the court in proceedings related to divorce, annulment, or legal separation. Maintenance has two objectives: to support the recipient in according with the needs and earning capacities of the parties, and to ensure a fair and equitable financial agreement between them. Its purpose […]
Parents with shared physical placement of their children, should keep in mind the laws establishing requirements of notice. Wisconsin Statute 767.481 provides rules concerning how to give proper notice in cases in which a parent wishes to move a child either 150 miles away from the other parent or out of state. The moving parent […]
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