Posts by David Karp

  1. Why More Older Couples Are Getting Divorced and What It Means for Their Future

    For decades, divorce was often seen as something that happened to younger couples or those still in the early stages of marriage. Yet, in recent years, a growing number of older couples are making the difficult decision to part ways after decades together. This phenomenon, often referred to as gray divorce, has become one of…

  2. Why Moving Out Too Soon Before Divorce Can Backfire

    When a marriage begins to break down, one of the first impulses many people have is to move out of the family home. It might seem like the easiest way to reduce conflict, get space, or start fresh. However, moving out before a divorce is finalized can have serious consequences, especially when children are involved….

  3. Proving You’re a Capable Parent in Court: What Judges Really Look For

    When a custody dispute reaches the courtroom, emotions run high, and both parents often feel the need to prove that they are the better parent. The truth is, Wisconsin courts are not interested in who is the “better” parent in a subjective sense. They want evidence that both parents can meet their child’s needs and…

  4. How Long Do Custody Battles Take and What Factors Make Them Drag Out

    When parents begin the custody process, one of the first questions they ask is how long it will take. It is an understandable concern. Custody battles are emotionally exhausting and financially draining, and most parents simply want to reach stability for themselves and their children as soon as possible. Unfortunately, there is no one-size-fits-all answer….

  5. How Fathers Can Improve Their Chances of Custody

    When a father walks into my office worried about losing time with his children, I understand his concern completely. There’s a long-standing assumption that mothers have an advantage in custody cases, but that belief is outdated. Wisconsin law doesn’t favor mothers over fathers; it favors what’s in the best interests of the child. That means…

  6. What Percentage of Fathers Win Custody and Why the Playing Field Is Changing

    For generations, fathers entering custody disputes have feared an uphill battle. Many walk into court assuming the mother will automatically receive primary custody and that their role will be limited to weekend visits or child support payments. While that perception was once grounded in reality, it no longer reflects the truth of how family law…

  7. Do Mothers or Fathers Get More Custody? Understanding Wisconsin’s 50/50 Standard

    When parents separate, one of the most pressing and emotional questions is, “Who gets more custody—the mother or the father?” For years, many assumed that mothers automatically had the advantage. But as Wisconsin family law has evolved, that belief no longer reflects reality. At Karp & Iancu, we’ve seen firsthand how the courts have shifted…

  8. Should You Fight for Full Custody? How to Know When It’s Worth It

    When emotions run high during a divorce or custody dispute, it is natural for parents to want full control over their child’s care. Hurt feelings, anger, or a sense of injustice often lead parents to believe that fighting for full custody is the only way to protect their child or gain closure. But in many…

  9. Co-Parent Harassment: When Conflict Crosses the Line and What to Do About It

    When parents separate or divorce, they often imagine that co-parenting will get easier with time. In reality, some conflicts only begin after the court orders are in place. While disagreements are expected, there is a point where constant hostility, name-calling, or excessive communication becomes something more serious. That is when ordinary conflict turns into co-parent…

  10. How Does the Court Decide the Custody and Placement of Children?

    How is Child Custody Determined in Wisconsin? In Wisconsin, child custody and placement are determined based on the “best interest of the child” standard. Under Wisconsin Statute § 767.41, courts begin with a legal presumption favoring joint legal custody, meaning both parents share major decision-making authority. Courts evaluate specific factors, including the child’s wishes, the…

  11. How to Handle a Divorce Peacefully

    Divorce doesn’t always have to be a battle. In some cases, it can be a peaceful and amicable process. Here’s how to work toward that ideal outcome. What Does a Peaceful Divorce Look Like? A peaceful divorce is one where both parties agree on major issues such as property division, custody arrangements, and child support…

  12. Navigating Custody Battles: What to Do (and Not Do) in a Custody Battle

    Custody battles are often the most challenging part of a divorce, especially when emotions run high. In our interview, we discussed some of the most important dos and don’ts when it comes to fighting for custody of your children. Here’s a breakdown of that advice. The Importance of Co-Parenting: A Must for Custody Battles One…

  13. Divorce and Mental Health: What Are The Four Behaviors Of Divorce?

    The emotional aspect of divorce can be complicated, especially when mental health issues are involved. Here’s how to handle these situations carefully. What Are the Four Behaviors of Divorce and What Are the Four Behaviors That Can Predict Divorce? Mental health can play a significant role in divorce, especially if one spouse is struggling with…

  14. Release of medical records in a custody battle.

    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…

  15. Trouble With A “Significant Other”

    You went through a divorce because you thought by doing so, you would end years of fighting and bickering with your former spouse. Following the divorce, things seemed to be going fairly well, as much as can be expected after a bitter divorce, but for the sake of the children, both you and your ex-spouse…

  16. Who gets the Diamond Ring?

    When getting a divorce, who gets to keep the diamond ring? When a couple are engaged and do not get married, in Wisconsin, the law dictates that the ring gets returned to the person who bought it, irrespective of who broke off the engagement. The ring must be returned. What happens to the diamond ring…

  17. 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…

  18. 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…

  19. When does a divorce agreement become binding?

    Handshake deals. Informal agreements between the parties, what are commonly known as a “handshake deal,” clearly are not legally enforceable in court. Notarized agreements. Agreements parties may reach in writing and run off and get notarized are also not legally binding in a divorce case. Written Agreements not sent in as a court order. Where…

  20. 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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