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 […]
Domestic Violence and Custody Determinations
For initial determinations of custody in a divorce, Wisconsin law states that the court must presume that it is in the best interests of a child for the child’s parents to have joint legal custody, or decision-making power. In other words, the State believes that it is best, by default, for children to have significant […]
Wisconsin child support modification
A Wisconsin child support modification is possible if there has been a substantial change in circumstances since the most recent order. If you and your child’s other parent cannot agree that the child support order should be changed, the judge will rule whether a substantial change in circumstances has occurred. If the judge finds that there has […]
Wisconsin unmarried fathers rights
Wisconsin unmarried fathers rights are not automatic in every case. If the father and mother are married, the husband is presumed to be the father. However, unmarried fathers have no rights until they obtain a court paternity order. Being named on the child’s birth certificate does NOT establish Wisconsin unmarried fathers rights. Even if the parents live and raise the child together, […]
Wisconsin fathers rights
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 […]
What is Wisconsin legal custody?
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 […]
Unfitness in Wisconsin child custody case
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 […]
Legal custody, school choice, and Wisconsin divorce or paternity
After a Wisconsin divorce or paternity matter, the question often arises as to where the children will attend school. In most cases, the parents share joint custody of the children. Joint custody gives each parent an equal right to make major decisions for children. One of those decisions that leads to the most conflict is […]
Do I need a Dane County family lawyer to help with my case?
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 […]
What are my Wisconsin grandparent visitation rights?
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. […]