Category Archives: Child custody

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 inChild custody

Wisconsin fathers rights

Wisconsin fathers rights is a constant topic in child custody divorce and paternity cases.   The attached article is certainly food for thought. http://www.slate.com/articles/double_x/doublex/2014/05/men_s_rights_recognized_the_pro_father_evolution_of_divorce_and_paternity.html The article makes several good points, strangely enough until the last paragraph.  Despite accurate information earlier in the article about the serious changes in the legal system’s view of father’s involvement, the […]

Posted inChild custody

What is Wisconsin legal custody?

Parents often  confuse the concepts of Wisconsin legal custody with physical placement.    In Wisconsin, however, these two terms have very different meanings.  “Legal custody” allows a parent to make major decisions for a child, such as heath care, school and religious decisions.  An award of custody can  be  joint, sole, and impasse-breaking authority.   In sole custody, only one parent […]

Posted inChild custody

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 […]

Do I need a Dane County family lawyer to help with my case?

Retaining a Dane County family lawyer is not required, but it is highly recommended.  Wisconsin’s family court rules are contained in statutes, administrative rules, local Dane County rules, and case law.   Add to this the various unwritten rules and customs that are expected to be followed, and the process often becomes overwhelming for an unrepresented party. The […]

What are my Wisconsin grandparent visitation rights?

Wisconsin grandparent visitation rights are available in some circumstances.  The grandparents must show that that had, or were denied, a relationship with their  grandchild.  Parents have a strong right to parent their children as they wish. Therefore, the grandparents must demonstrate that maintaining the relationship with the grandchild is sufficiently important to outweigh the parents’ rights.  […]

Differences in Baraboo divorce case?

One of the main differences in a Baraboo divorce or Baraboo child custody dispute as opposed to other counties is the role of the guardian ad litem.  The guardian ad litem (GAL) is a lawyer appointed to represent a child’s best interest when the parents cannot agree.   Some larger counties, such as Dane County, have  specific court counseling services […]

Do I need a lawyer in Dane County family law case?

I attended a Dane County Family Law Group (DCFLAG) meeting today, at which local family judges estimated that 80% of the parties in Dane County family law cases (divorce, paternity, child support and custody,  etc.)  are not represented by lawyers.   I imagine the same is true in Sauk County, Columbia Count, and other surrounding counties.  The judges lamented that not only […]

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