Tag Archives: wisconsin

Posted inChild custody

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 […]

Posted inChild custody

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, […]

Posted inPaternity

Wisconsin paternity update

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 […]

Posted inGuardianship

Wisconsin child guardianship time limits

A recent Court of Appeals case provides a vivid reminder of Wisconsin child guardianship time limits. In Guardianship of Elizabeth M.H., http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=128636, the Court ruled that the judge lost the authority to rule on foster parents’ guardianship petition because it was held after the 90-day time period required by law. The judge lost authority even […]

Posted inMediation

What is Wisconsin family mediation?

In divorce or child custody cases, family mediation is often required as a way to resolve the parents’ disputes out of court. Family mediation occurs when the parents meet with an objective, trained person in an attempt to settle their dispute. The mediator can be a lawyer, social worker, or someone else trained in mediation […]

Wisconsin domestic violence questions

With the recent heavy attention given to domestic violence issues, I wanted to highlight a few common questions related to Wisconsin domestic violence cases. 1.  How do I get a restraining order? There are two types of restraining orders:  domestic violence and harassment.  Wisconsin domestic violence is defined as physical contact, sexual assault, breaking property, or a […]

Posted inChild Support

Common Wisconsin child support questions

CAN I WAIVE CHILD SUPPORT? No.  Wisconsin child support is paid for the benefit of the child.  Parents cannot waive support on the child’s behalf.   Parents’ financial situations change over time, as do a child’s needs.  Expenses for a 6-year old are much different than for a teen.  The law preventing a permanent waiver of child […]

Federal 7th Circuit Rules in Favor of Wisconsin Marriage Equality

The US Court of Appeals for the 7th Circuit, which includes Wisconsin, ruled today that there is no basis to deny same sex couples the ability to marry.   You can find the full opinion here    http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D09-04/C:14-2526:J:Posner:aut:T:fnOp:N:1412339:S:0     It is worth reading for Judge Posner’s interesting and straightforward language (as legal opinions go).   This case is also a […]

Wisconsin stepparent adoption

Wisconsin stepparent adoption can be very simple process, once the biological parent’s rights are terminated.  As in any termination of parental rights, the case occurs in two stages.  A stepparent cannot adopt if both biological parents retain their parental rights.  Therefore, the first step is to terminate one parent’s rights.   If the biological parent agrees to terminate, […]

Posted inLegal fees

Controlling Wisconsin Attorneys Fees

Wisconsin attorneys fees depend on the complexity of the case, the legal issues, the attorneys involved, and the personalities and needs of the parties.  In previous posts, I have written about steps that you, as a client, can take to decrease your attorney fees.  However, as your family law attorney, I also strive to ensure […]

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