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Recent Blog Posts
I Have Legal Custody. Can I Relocate with My Child?
There are several reasons why a parent who has custody of a child might need to relocate. But the child’s other parent also has a legal right to see the child, which Wisconsin law takes seriously. There is a strict legal process that must be followed before moving with your child, and a qualified family lawyer should be consulted on any questions regarding relocation.
How simple the legal process is depends on many factors, one of them being how far you plan to move. This article will discuss those factors, as well as the procedure for an unmarried parent who wants to relocate with the child.
What is the Legal Process for Relocation?
If you want to relocate with your child, Wisconsin law requires you to file a request with a court if you plan to move more than 100 miles away from the other parent. When you file the petition, you will need to include:
How Do I Win a Child Custody Case in Wisconsin?
The first thing to note about child custody cases in Wisconsin is that there is no such thing as a guarantee that you will win, as in get the result you want. Child custody is not a simple issue, and it is taken very seriously by the courts. There are many legal elements that factor into a court’s decision in a child custody case, so if your lawyer has “guaranteed” you will win the case, it might be time to change attorneys.
That being said, an experienced lawyer can help you understand what the courts look for when deciding a child custody case and how you can improve your chances of getting the result you want.
What Do Courts Look At When Deciding a Child Custody Case?
In a child custody dispute, Wisconsin law dictates that the court look at “all facts” that concern the child’s best interests. These include, but are not limited to:
Making a Checklist for Your Divorce in Wisconsin
For most people, the decision to divorce is not arrived at easily. There is often a series of emotional ups and downs and much contemplation, and even once the decision is made, you may still question whether there is any hope of repairing this relationship with the person you chose as your life partner.
But now that you are here and steadfast in your decision, it is important to take the steps to make sure you approach the process with clarity and preparedness. One essential tool is a pre-divorce checklist. This checklist can serve as a roadmap, helping you navigate divorce's complexities with a sense of control and confidence. A Wisconsin divorce lawyer representing you is crucial to navigating this process and protecting your parental rights and financial future.
Financial Assessment
Gather all financial documents, including bank statements, tax returns, investment portfolios, property deeds, vehicle titles, and liabilities. Wisconsin is a community property state, meaning your marital estate will be divided in half (unless extenuating circumstances exist).
The Impact of Parental Alienation in Wisconsin
Parental alienation is a deeply troubling phenomenon that can have profound and lasting effects on children. This process occurs when one parent intentionally or unintentionally undermines the child's relationship with the other parent, leading to estrangement, hostility, or even rejection. The consequences of parental alienation can be devastating, affecting not only the child's current well-being but also their long-term emotional and psychological development. Studies have shown that these issues can impact the child into adulthood. If you suspect your ex is attempting to turn your child against you, contact a Wisconsin family lawyer for legal help.
Emotional Distress
Parental alienation (PAL) can result in significant emotional distress for children. Being caught in the middle of a conflict between their parents can create feelings of confusion, guilt, and anxiety. Children may experience a sense of "loyalty binds." This is when a child is torn between their love for both parents and the pressure to take sides. This internal conflict can lead to heightened stress levels and may manifest in various ways, such as behavioral problems, withdrawal, or depression.
Establishing Paternity in Wisconsin
In many cases, there is absolute certainty over who a child's mother and father are. If a child is born to a married couple, the husband is considered the child's legal father under Wisconsin law. However, suppose a child is born to an unmarried couple or after a couple has legally separated or divorced. In that case, some steps need to be taken to establish paternity of that child legally. A Wisconsin family law attorney can help you with this process.
Why Do I Need to Establish Paternity?
There are several reasons why establishing paternity of a child is essential. Multiple studies have shown that it is crucial for a child's emotional and social development if they have a bond with both parents. Establishing paternity provides children with a sense of identity and belonging by knowing both of his or her parents. It also gives the father the right to custody and parenting time.
Steps to Protect Your Financial Rights in a Divorce
There is no doubt that divorce can be an emotional life event, even if you are the spouse who wants the divorce. However, the financial impact of divorce can also be significant. This is why it is crucial to take proactive steps needed to protect your assets and financial future. While the following is a brief overview of some of these steps, a Wisconsin divorce lawyer can provide more specific information and legal guidance that addresses your situation.
Gather Financial Documents
The first step in preparing for divorce is to gather all relevant financial documents. This includes bank statements, tax returns, investment accounts, retirement accounts, mortgage documents, credit card statements, and other financial records.
You also want to gather all legal documents for any property you own, including deeds, insurance policies, and vehicle titles.
Why Do Marriage Breakups Spike in January?
Multiple studies and statistics have concluded that the month of January not only marks the new year but also sees a noticeable increase in the number of married couples who decide to call it quits. The spike is so significant that January is often dubbed “Divorce Month.” The following are some of the common factors these studies have found play a role in these numbers. Anyone considering a divorce should speak with a Wisconsin divorce lawyer who has experience aggressively protecting clients and fighting for their rights.
New Year Reflections
As the New Year unfolds, people often find themselves reflecting on their lives, relationships, and personal goals. A new year often triggers a desire for personal growth and change. January represents a time of renewal and a fresh start, and this often leads to people evaluating their current life situations. These reflections can lead to a heightened awareness of just how unhappy they are in their marriage and a resolution to end a relationship that is no longer emotionally fulfilling.
How Will My Divorce Impact My Business?
Besides child custody, the division of the marital estate in a divorce is the most potentially contentious issue couples must address. Although Wisconsin is a community property state – meaning assets and property are divided 50/50 – there are factors that can make this division complex. One of those factors is if one or both spouses own a business. Determining the actual value of a business is critical to ensure that asset division is fair for both spouses, and this is why it is crucial to have a skilled Wisconsin divorce lawyer advocating for you.
The following are the key factors that should be considered when determining a business’s worth.
Methods of Valuating
The choice of valuation methodology is crucial and can significantly impact the outcome. There are several approaches, including the income approach, asset approach, and market approach:
What Is the Difference Between a Custody Case and a Complex Custody Case?
Child custody cases can be difficult enough to work through, but when there are complex issues involved, these cases become even more emotionally and legally challenging. This is why having a skilled Wisconsin family law attorney advocating for your parental rights and ensuring your child’s best interests are protected is crucial. The following are some issues that can turn a custody case into a complex one.
Child's Best Interests
The uppermost consideration in any child custody case is the best interests of the child or children involved. Courts prioritize the child's physical, emotional, and psychological well-being above all else. Family law judges will evaluate various factors to decide what custody arrangement is in the child's best interests. These factors may include the child's age, health, educational needs, emotional attachments to each parent, and each parent’s ability to provide a stable, nurturing, and loving environment.
Is Your Divorce Attorney Aggressive Enough?
The most important decision a person makes regarding divorce is the decision itself. But once that decision is made, hiring the right attorney is the second most important decision. Do an online search for a Wisconsin divorce lawyer, and you will get pages of options. Many people wonder if the attorney they hire will be aggressive enough to ensure their best interests will be protected. The level of aggressiveness your attorney exhibits can significantly impact the outcome of a divorce case. Still, it is important to understand what "aggressiveness" means regarding legal representation and whether it is the right approach for your situation. When meeting with different attorneys for your case, the following are some factors to consider.
Communication Style
Effective communication is a critical part of how an attorney approaches their role. An attorney should be assertive in advocating for their client’s rights and interests, but they should also be professional and respectful when dealing with the opposing party and their attorney. Aggressiveness should not translate into hostility or unprofessional behavior.
From our office in Madison, Wisconsin, we provide representation for clients in communities throughout Dane County, Green County, Columbia County, Sauk County, Dodge County, Jefferson County, and Rock County, including Middleton, Waunakee, DeForest, Sun Prairie, Cottage Grove, Monona, McFarland, Fitchburg, Stoughton, Oregon, Verona, Mt. Horeb, Monroe, Portage, Baraboo, Reedsburg, Beaver Dam, Waupun, Watertown, Jefferson, Fort Atkinson, Whitewater, Janesville, and Beloit.
Results listed are not a guarantee or indication of future case results.
2810 Crossroads Dr., #4000, Madison, WI 53718
608-729-3590
