In Wisconsin, your child has the right to deny you placement or visitation with your grandchild absent a court order requiring visitation or placement. You, as the grandparent, have the right to petition the state courts for relief. When determining whether placement or visitation is appropriate, a court will look at whether the grandparent will
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CHILD SUPPORT: DEVIATING FROM GUIDELINES?
Child support is generally ordered pursuant to the guidelines provided for in the governing statutes. Courts may deviate from these guidelines if it finds that the guidelines amount would be unfair. The court makes the fairness determination after evaluating the fifteen fairness factors. It is important for litigants to be prepared ahead of any request…
Equivalent Care Credit in Wisconsin
The Wisconsin Administrative Code pertaining to child support guidelines was updated effective January 1, 2024. The code chapter, specifically Department of Child and Families Chapter 150 (DCF 150), was updated to clarify when and how equivalent care should be applied when calculating child support. Child support is the obligation to support a child financially. Support…
Enforcing Physical Placement Orders
Unfortunately, there are times when one party withholds placement of a child. There a can be many reasons or motivations for a party to withhold placement from the other parent. Regardless of the reason, the party who has had their placement denied, withheld or interfered with may file a motion with the court to have…
Temporary Orders in Divorce Proceedings
A temporary order in a divorce proceeding is especially helpful when there are contested issues. Think of a temporary order as the “rules of the game” during a divorce proceeding. Aside from limited situations, the soonest a divorce judgment may be granted is 120 days after service or filing a joint petition. A lot can…
Initial Orders on Stipulations in Family Proceedings
In pending divorce proceedings, it is common for the parties to reach at least a partial agreement regarding physical placement, legal custody, child support, property division or maintenance while other matters remain unresolved. In that case, even though the parties prepare, sign and file that written agreement with the court, Wis. stat. 767.333 requires that…
Legal Separation vs. Divorce
You might hear of people who are legally separated and wonder how that is different from simply being divorced. In Wisconsin, legal separations and divorces share a similar legal process, but the end result is differently. For example, in both cases the parties have to file petitions with the court. The court cannot enter a…
Termination of Parental Rights Proceedings
A proceeding to terminate the parental rights (TPR) of one or both parents is initiated by preparing and filing a petition, summons and a notice. The petition is the document that identifies the people involved, including the child, and the grounds to terminate the right of one or both of the parents. Think of “grounds”…
Termination of Parental Rights in Wisconsin
Parental rights are among the most sacred and protected rights. There are instances, however, when the rights of parents may be terminated, sometimes stemming from removal of the child from the home involving child protective services. Additionally, there are instances when only one parent’s rights are terminated, preserving the other’s parental rights. This is typically…
Qualified Domestic Relation Orders in divorces. What are they and why they matter
A Qualified Domestic Relations Order (QDROs) is a court order that divides an individual’s retirement plans between themselves and their former spouse. The order is presented to the plan administrator and instructs how the plan should be divided between the member and the member’s spouse, often referred to a “alternate payee”. The QDRO is required…