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, […]
I am often asked by potential clients if both spouses can be represented by the same Wisconsin divorce lawyer. The answer is no. It is a conflict of interest. A Wisconsin divorce lawyer’s ethical rules prohibit representing two parties in the same action who have adverse interests. My duty to you, as the client, is to zealously advocate only your […]
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 […]
Wisconsin law does not require parents to pay child support after a child graduates high school. This is true even if the child is disabled, in college, or otherwise cannot care for himself. Once a child graduates high school, he is legally on is own. The family court has no authority to require parents to […]
Proving that stereotypes often have some truth to them. http://news.yahoo.com/harvard-professor-chinese-takeout-sichuan-garden-email-viral-161139427.html
Judging by the concentration of lawyers in Washington D.C., according to this report, it’s no surprise that the government is dysfunctional. http://averyindex.com/lawyers_per_capita.php
The standard of proof to obtain a domestic violence restraining order is actually rather low. The victim must prove that there are “reasonable grounds” to believe that the accused committed domestic violence or, based on previous conduct, may engage in domestic violence. This standard is actually one of the lower legal standards available. I presume […]
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 […]
Wisconsin divorce tax laws can have a serious effect on a spouse’s financial situation. Careful tax planning must occur before the divorce is granted. Following are some issues that I consider with all my clients: 1. Couples usually file married jointly during a marriage. However, after the separation, former spouses must file as either single […]
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 […]
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