When is a party required to release their medical records when going through a divorce where custody and/or placement of the parties’ minor children is being contested? The general answer is that medical records are privileged and confidential and a person cannot be forced to release their medical records without their consent. There are some…
Parenting & Kids
Articles categorized by what phase of divorce you're currently experiencing:
Articles categorized by topic and areas of your life most affected by a divorce:
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What is a Vocational Examination?
Many times in divorce cases, we recommend that clients undergo a vocational examination, or the opposing counsel may request that a party submit to an independent vocational examination. What is a vocational examination, and what purpose does it serve? A vocational examination is a process in which a professional trained and experienced in employment matters…
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The guardian ad litems’ investigation.
Most litigants going through a custody battle in Wisconsin have heard of the appointment of a guardian ad litem. Most seem to lack an understanding of what the guardian ad litem is required to do or what type of an investigation needs to be undertaken. A guardian ad litem is required any time there is…
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How Many Bedrooms Does a Parent Need in Wisconsin?
TL;DR Summary for How Many Bedrooms Does a Parent Need in Wisconsin? No law in Wisconsin: There is no law requiring each child to have their own bedroom or bed for overnight placement during or after a divorce. Common sense prevails: Sleeping arrangements such as shared bedrooms or beds are generally acceptable when appropriate for…
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What Is CS in Divorce?
Child support, custody, and spousal maintenance (alimony) are some of the most emotional aspects of a divorce. Child support, often abbreviated as “CS,” refers to the financial payments made by one parent to the other to help cover a child’s living expenses. Here’s a closer look at how these matters are determined in Wisconsin and…
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What Is the Biggest Mistake in a Custody Battle?
Custody battles can be emotionally charged, and the decisions made can affect both the parents and the children for years to come. Here’s an in-depth look at common mistakes, the best approaches to custody disputes, and the actions that could harm your case. The Biggest Mistakes Parents Make in Custody Battles One of the biggest…
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Child Support: How Do You Calculate Income?
When computing child support, what should you be looking at? Should you be looking at current income, last year’s income, year to date income, or some combination of all the above? What is the most accurate portrayal of a person’s income for purposes of calculating child support? Where to Start When Calculating Income For Child Support…
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Child Relocation in Wisconsin – 150 miles or 100 miles? Which Wisconsin law applies?
There are laws that apply to removing children away from the other parent. During the divorce case, there is a prohibition on moving the children more than 100 miles away from the other parent. Once divorced, there is also a statutory prohibition on removing the children more than 100 miles from the other parent. The…
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Ex Parte Orders
How hard is it to request of the court that they sign an “Ex Parte order,” without a court hearing and without the other party being present to object? The answer is “difficult” at best, and depending what the facts and circumstances are that give rise to the request. “Ex parte” is a Latin legal…
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Challenging the Guardian ad litem
What happens when you receive the recommendation of the Guardian ad litem, but you don’t agree with it? Is there anything you can do to challenge the recommendation? There is a procedural challenge to either the investigatory work or the recommendation made by the guardian ad litem under Wisconsin statutes. 767.407 (4m). A status hearing…
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What Significance Is The New Spouse’s Income To Support Obligations?
After a divorce, can a new spouse’s income be considered for purposes of child support or maintenance payments? The answer under Wisconsin law is no. A new spouse is not obligated to pay support for children that are not theirs, nor are they obligated to support the ex-spouse by making maintenance payments. The new spouse’s income…
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Unmarried Parents Of An Infant
Our office receives many inquiries pertaining to the rights of a child born out of wedlock. Usually, the couple is fighting over a baby, and the question becomes “Who has legal custody of the child?”. The answer lies at sec. 767.82 of the Wisconsin Statutes, (2m), and reads as follows. “CUSTODY PENDING COURT ORDER. If…
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What Does “Reasonable Times, Reasonable Notice” Visitation Mean?
TL;DR Summary of What Does “Reasonable Times, Reasonable Notice” Visitation Mean? “Traditional placement” gives one parent primary custody (>75% of overnights), while the other has visitation rights, often under vague “reasonable times, reasonable notice” terms. This arrangement requires the non-custodial parent to ask for permission to see their children, effectively giving the primary parent veto…
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When does child support start when divorcing in Wisconsin?
You have filed for divorce and requested child support in your initial petition for divorce, but no one has explained exactly how you go about receiving child support. How do you go about receiving child support? How is the amount determined? When does it start? Does your spouse pay it to you or the employer?…
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Common Questions a Guardian ad Litem Will Ask You and Your Child
What Not to Say to a Guardian Ad Litem and What to Expect the First Time You Meet A Guardian ad Litem investigation typically occurs when the parties involved are unable to reach an agreement on custody or placement decisions for their children. When the parties cannot resolve child-related issues independently, the court appoints an…
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Meeting with the guardian ad litem
A person going through a divorce where there is contested custody litigation will be expected to meet with the court appointed Guardian ad Litem. What should you expect when meeting with the Guardian ad litem? You probably will have a number of questions and concerns going into the meeting; What is the guardian ad litem…
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Hold Open Child Support?
Can you waive or hold open child support? The answer to the former is no and the answer to the latter is yes. You cannot waive child support pursuant to a martial settlement agreement, as it is a right that belongs to the child. However, parties can agree in their marital settlement agreement, to “hold…
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Restricted and Supervised Visitation
When a party going through a divorce is concerned that the other parent may pose a risk to the children, what safeguards can be put in place by the court to protect the children during their periods of placement? First, there must be a showing that the parent poses a legitimate risk of exposing the…
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Cell Phones for Children?
You are divorced and your ex blocks communication when the children are with them, so you decide to go out and purchase a cell phone for them, so they can call you anytime and you can call them, when they are with the other parent. Is that a good idea? Is it allowed? Must the…
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Collecting Retroactive Child Support in Wisconsin
When can you collect back child support owed? From the birth of the children? From the time you separate? From the time you file a motion with the court? From the time the other party is served with the motion for court? From the time you are in court and the court orders support? TL;DR…
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