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Category Archives: Child custody

Posted inChild custody

Wisconsin fathers rights

   Posted byDavid Kowalski

Wisconsin fathers rights is a constant topic in child custody divorce and paternity cases.   The attached article is certainly food for thought. http://www.slate.com/articles/double_x/doublex/2014/05/men_s_rights_recognized_the_pro_father_evolution_of_divorce_and_paternity.html The article makes several good points, strangely enough until the last paragraph.  Despite accurate information earlier in the article about the serious changes in the legal system’s view of father’s involvement, the […]

Posted inChild custody

What is Wisconsin legal custody?

   Posted byDavid Kowalski

Parents often  confuse the concepts of Wisconsin legal custody with physical placement.    In Wisconsin, however, these two terms have very different meanings.  “Legal custody” allows a parent to make major decisions for a child, such as heath care, school and religious decisions.  An award of custody can  be  joint, sole, and impasse-breaking authority.   In sole custody, only one parent […]

Posted inChild custody

Unfitness in Wisconsin child custody case

   Posted byDavid Kowalski

A Wisconsin child custody case took an interesting turn when the father requested that the child’s care be assumed by the State because neither parent could properly care for him.  In Interest of Luke S. http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=108947, the Wisconsin Court of Appeals ruled that the State could not provide protective services for the child that the […]

Posted inChild custody, Divorce, Legal fees

Do I need a Dane County family lawyer to help with my case?

   Posted byDavid Kowalski

Retaining a Dane County family lawyer is not required, but it is highly recommended.  Wisconsin’s family court rules are contained in statutes, administrative rules, local Dane County rules, and case law.   Add to this the various unwritten rules and customs that are expected to be followed, and the process often becomes overwhelming for an unrepresented party. The […]

Posted inChild custody, grandparent visitation

What are my Wisconsin grandparent visitation rights?

   Posted byDavid Kowalski

Wisconsin grandparent visitation rights are available in some circumstances.  The grandparents must show that that had, or were denied, a relationship with their  grandchild.  Parents have a strong right to parent their children as they wish. Therefore, the grandparents must demonstrate that maintaining the relationship with the grandchild is sufficiently important to outweigh the parents’ rights.  […]

Posted inChild custody, Divorce

Differences in Baraboo divorce case?

   Posted byDavid Kowalski

One of the main differences in a Baraboo divorce or Baraboo child custody dispute as opposed to other counties is the role of the guardian ad litem.  The guardian ad litem (GAL) is a lawyer appointed to represent a child’s best interest when the parents cannot agree.   Some larger counties, such as Dane County, have  specific court counseling services […]

Posted inChild custody, Child Support, Divorce, Paternity

Do I need a lawyer in Dane County family law case?

   Posted byDavid Kowalski

I attended a Dane County Family Law Group (DCFLAG) meeting today, at which local family judges estimated that 80% of the parties in Dane County family law cases (divorce, paternity, child support and custody,  etc.)  are not represented by lawyers.   I imagine the same is true in Sauk County, Columbia Count, and other surrounding counties.  The judges lamented that not only […]

Posted inChild custody, Divorce

Decision on Wisconsin child custody and relocation

   Posted byDavid Kowalski

In Marriage of Derleth and Corova http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=103806, the Wisconsin Court of Appeals recently addressed a Wisconsin child custody dispute over a child’s relocation.  The Court decided that  a parent’s ability to move up to 150 miles away within the state cannot  be restricted, even if the court believes that the move is not in the child’s […]

Posted inChild custody, Divorce

The intersection of divorce, child custody, McDonald’s, and psychiatry.

   Posted byDavid Kowalski

A father’s parental fitness has been called into question by a psychiatrist because he refused to take his child to McDonalds.  http://shine.yahoo.com/parenting/how-saying-no-to-mcdonald-s-might-lead-to-dad-losing-custody-165611460.html   Though this case occurred in New York, it could easily have happened in Wisconsin. I have to  believe there is something else going on here.  It’s hard to imagine that a competent psychiatrist […]

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