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 […]
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 […]
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 […]
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 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, […]
Wisconsin termination of parental rights is a very serious step. If you are convinced that termination is in your child’s best interest, there are several ways to accomplish it. The most common way to accomplish a Wisconsin termination of parental rights is a stepparent adoption. If both biological parents consent to terminate one parent’s rights, […]
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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