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…
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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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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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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Qualifications to be a Guardian ad litem in Wisconsin
There is probably not a day that goes by that I am not responding to a question on AVVO or Lawyers.com about a party going through a divorce and a bitter custody battle, complaining that the Guardian ad litem is not doing their job, is biased, and wants them removed from the case. I thought…
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Legal Separation vs. Divorce In Wisconsin
What is Legal Separation in Wisconsin? A Legal Separation in Wisconsin is different than simply living apart. Physically separating is not the same as legally separating. If you physically separate without taking any further legal action, you remain legally married and will continue to enjoy (or suffer) all the rights and responsibilities that come with…
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When a woman is married and pregnant from another man.
Many times in family law cases, we see situations where a woman becomes pregnant while still married. The husband by law, is presumed to be the biological father of the child. It complicates the divorce. If either the mother or her husband raise the issue with the trial court that the husband may not be…
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Understanding the Role of a Guardian ad Litem in Wisconsin Family Court
If there is a custody or placement dispute involving your children during the divorce process, the court may appoint a Guardian ad Litem to perform an investigation and make a recommendation to the court. A Guardian ad Litem is an attorney who is appointed by the court to represent the children’s best interests—this is different…
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Law School Scholarships in Wisconsin
Scholarships for Current or Future Law Students from Wisconsin Karp & Iancu Law Firm Scholarship Karp & Iancu Law Firm, divorce lawyers in Wisconsin, is pleased to offer a scholarship for Wisconsin residents pursuing a legal education. This scholarship supports high school seniors in Wisconsin who plan to attend law school and Wisconsin residents…
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The Importance of Hiring a Family Law Attorney in Milwaukee
People often ask, “Do I even need to hire a Milwaukee divorce lawyer?” The short answer is, “no.” However, you also don’t need to hire an obstetrician to deliver your baby. Nature will take its course with or without the doctor there. But sometimes it is nice to have someone who can intervene when there…
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Nesting: An Alternative Placement Arrangement
When most think of divorced families with children, they think of the children being shuffled to and from one parent’s house to the other. But there is another option–nesting arrangements. A nesting arrangement is when the children stay in the familial home and the parents rotate in and out depending on their placement schedule. A…
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How to prove a parent is “unfit.”
Almost every other phone call or on line inquiry we receive, concerns a post judgment custody issue where someone wants to prove or allege the other parent is “unfit.” The idea is they want to obtain primary placement of the children, and in many cases, also involves pre-judgment matters. How do you go about proving…
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