In a Wisconsin divorce, the judge begins with the presumption that each spouse receives one-half of marital assets. However, judge also considers 13 factors that can shift the final property division in favor of one spouse. Common factors are the length of the marriage, the spouses’ earning ability (accounting for time spent out of the workforce to care for children), property owned […]
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 […]
Wisconsin guardianship of a minor
A Wisconsin guardianship grants legal rights to a non-parent of a child. It allows the non-parent to take certain actions, such as authorizing medical treatment, applying for social services, school enrollment, etc., and to obtain “care and custody” of the child. The guardian does not necessarily take the place of the parent, and the parent’s […]
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 […]