A new statute has established that a paternity adjudication may not always be in the best interest of the child, even if genetic testing has already occurred. As noted in our January 2015 blog (found here: https://kwvfamilylaw.com/wisconsin-paternity-update/), Wis. Stat. §767.863(1m) provides, “In an action to establish the paternity of a child who was born to […]
In the United States, more than 15 million children live in a home in which domestic violence has occurred.* If you are a parent and a domestic violence survivor who is considering a divorce, legal separation or paternity action, protecting a child from the effects of domestic violence in the home can be a significant […]
This blog entry will provide a more in-depth discussion about the ways domestic violence can impact legal custody determinations, in Wisconsin. When domestic violence is part of a relationship, making decisions together as parents can be impossible, and it stands to reason that a parent who has abused the other should not make major decisions […]
If you have children with an abusive partner and are contemplating divorce, legal separation or a paternity action, you probably have questions about whether a parent who was abusive to the other parent will still be able and allowed to make decisions for your children. This blog will clarify the ways in which Wisconsin family […]
If you are in the midst of a divorce or legal separation in Wisconsin, you already know that emotions can run high and that the process can be quite stressful, for parents and for children. After the divorce or separation is final, there is typically a cooling-off period, during which the family settles into the […]
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 […]
If you are involved in a Wisconsin divorce, paternity action, or a dispute about legal custody, physical placement and support of a minor child, you have probably heard about the discovery process. A party to a Wisconsin family action, such as a divorce, may choose to undertake formal discovery, to find out more information about […]
Misconceptions exist, as to what legal custody of a child is and means. Many times, in a divorce or paternity proceeding, a parent will come into the divorce or paternity process asking for “full custody.” There is no such term, under Wisconsin law. Also surprising to parents at the outset of a divorce or paternity […]
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 […]
The Court of Appeals recently decided a case addressing the ability of a biological parent to assert his Wisconsin paternity. The case is Stuart S. v. Heidi R. and can be found online at http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=133315 In this case, Heidi R. and Scott R. were married, but split up for a time. During that time, Heidi […]
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