Tag Archive for: Divorce

La Crosse man denied custody, charged with threats

After an unfavorable outcome in a child custody case, a La Crosse man has been charged with eight felony counts of threat. In the custody case, the man was denied contact with his children and ordered to undergo counseling. He began seeing a therapist, who told police the man made threats during a session. He allegedly told the therapist that he would “go on a rampage and take down as many people as I can.”

The man is charged with one count of threat to a judge and seven counts of threat to witnesses, Class H felonies, for making threats against a judge, his wife, and social workers. He currently is jailed with a cash bond set at $25,000. His case presents a good example of what not do to when attempting to gain child custody.

Under Wisconsin law, parents may agree where their child will live after divorce. If they cannot reach an agreement, the court will decide based on the best interests of the child. Child custody disputes can be emotionally draining. One’s parenting skills may come under scrutiny. It is important to remain level-headed and cooperative with the court’s requests during this time. Actions that call a parent’s judgment into question or raise concerns about the child’s safety will likely lead a court to conclude that the child’s best interests would not be served by giving that parent custody or visitation rights.

Once the court determines physical placement, it can be hard to modify. Accordingly, someone involved in a custody dispute is advised to seek the advice of an experienced child custody attorney. The attorney can help protect parents’ rights and provide guidance throughout the process.

Source: WXOW.com, “La Crosse man charged with threatening judge, wife, social workers,” Steffani Nolte, Jan. 17, 2013

Child custody see changes with more working moms

Judges in different states, including Wisconsin, have started to award fathers custody and spousal or child support because many dads have taken on stay-at-home roles as their wives have become primary breadwinners. With more mothers going into the workplace, fathers are often getting primary custody of their children in divorces. Changing roles in society have altered child custody trends. Sometimes a woman’s desire to be successful can mean that she spends more time outside her home than her husband, which can affect whether she receives physical custody of her children in a divorce.

In the past, women received custody of children because of traditional roles in society. Women often received primary custody of their children and homes while men had visitation rights. Judges have increasingly started to award fathers primary custody because their decisions have been based more on which parents can spend more time with children in a given day, especially when they are younger. When fathers don’t receive physical custody, judges are more prone to give dads 50 percent of the time with their children. Working moms and dads have a better chance of co-parenting if they initially work out parenting agreements together during divorces.

Working parents often work to develop parenting plans in the best interests of their children because going to court can be a lengthy and expensive process. Parenting plans help divorced couples or parents who aren’t together to come up with schedules and other decisions regarding their children.

Child custody agreements are often but not always a part of a divorce process. A child custody dispute between parents can often be emotional for the parents and children. Judges usually award joint custody or decide on a child custody order granting certain visitation rights to one parent and primary custody to the other. A family law attorney may be able to assist in ensuring fair child custody.

Source: Huffington Post, “Child Custody and the Working Mom“, Lisa Helfend Meyer, June 01, 2013

Proposed change in child custody and support law

A Wisconsin state legislator has sponsored a bill that would establish custody parity between divorcing parents in that state. Assembly Bill 540 would establish a presumption that equal custody between parents is the best situation for children. The bill also contains changes that impact child support, such as the counting of health insurance premium payments as part of support payments and the cut-off of the amount of income subject to support at $150,000. There is a provision for revision of ordered support in the event that the payor suffers a reduction in income as well.

One family law attorney stated that under the proposed law parents may still make their own arrangements and that the court will not insist on equal custody when there are serious issues with either the mother or father. He also expressed regret that people are legally bound to ordered support amounts that are difficult to pay sometimes due to unforeseen circumstances. Fathers also may have difficulty obtaining equal custody at times and must engage in expensive litigation to obtain parental rights.

Another family law attorney disagreed, characterizing the bill as not being tailored specifically to each case. She also took issue with the inclusion of insurance premium payments in support and the capping of income subject to support, opining that a child should share in the good luck of a parent making an increased income.

The proposed bill does not force family courts to order equal custody but does require that they make the effort when possible. Child custody disputes and divorce can be emotional and adversarial at times. However, the best interests of the child require that parental rights be carefully considered.

Source: WKOV, “GOP bill would change WI child custody, support laws“, Greg Neumann, December 09, 2013

Factors to consider when moving after divorce

After the dust settles from a divorce, Wisconsin parents may decide to move and get a fresh start somewhere else. However, moving may create a conflict with child custody and make it difficult for the noncustodial parent to see the children. Before moving, there are several key factors that families should consider.

The biggest factor of all is what is in the best interest of the child. If the decision is brought before the court, this interest overrules that of a parent’s desire to make more money or live somewhere else. The court will also consider if the move will improve the child and parent’s quality of life. Different children can be impacted by relocating in different ways.

The party that is not moving may decide to contest the relocation. If this occurs, the other party will basically have to prove that the child will not be detrimentally impacted to a significant degree. Loved ones might scrutinize the decision to move and criticize the custodial parent’s decision. Some may believe that the decision was made out of spite and anger. To avoid these types of accusations, custodial parents should make this type of decision when they are more objective and not impacted by their high emotions. The custodial parent should be able to show that the child’s quality of life will improve even though he or she will be separated from the noncustodial parent.

If a parent has custody of a child and wants to move, he or she may want to consult with a family law attorney. The attorney may be able to explain if there is anything in the custody order that precludes this action or the steps the parent can take if the other parent contests the relocation.

Source: The Huffington Post, “6 Things to Expect and Consider When Relocating with Children After Divorce“, Andrea Moore, December 18, 2013

Wisconsin may look to shared parenting

The majority of divorces where children are involved end up with one parent having custody of the child and the other parent being given visitation rights, but a number of states are looking to change this. While changes are not expected to happen overnight, several states have either begun amending current legislation related to child custody or initiating studies to look into how shared parenting may affect children of divorce.

Proponents of changes believe that it is in a child’s best interest to be given equal access to parents in most divorces, except in cases of abuse or drug or alcohol related issues. Those who disagree say that it should be up to a judge to determine what is in the child’s best interest on a case-by-case basis.

A variety of reasons explain this shift in thinking, including changing gender roles, positive polling and engaged parents who have been denied what they feel is appropriate time with their children. While the majority of parents who end up with full custody are women, men are increasingly assuming the role of caretaker in families, and some men are now actively pursuing custody. Additionally, lawmakers are more willing to consider these changes because polling shows that most Americans think that children do best when raised by both parents.

Custody battles can be complicated enough without changes to laws or the way that judges decide cases. A divorce lawyer may be able to explain to individuals how current laws work and what is involved in determining custody and visitation. Additionally, a lawyer may also be able to help someone arrange for changes in their current custody or visitation arrangement to allow them to spend more time with their children.

Source: USA Today, “Shared parenting could be new divorce outcome“, Jonathan Ellis, January 27, 2014

Child custody trends creating more single-dad homes

If Wisconsin men follow the national trend, more fathers than ever before are stepping up as single dads. Family law courts used to almost automatically award child custody to the mother. However, the percentage of households with minor children headed by single men rose from one percent to eight percent between 1960 and 2011, according to a recent study conducted by Pew Research Center. Translated into numbers of households, this shows fewer than 300,000 growing to more than 2.6 million.

Analysts credit the trend to the ever-rising U.S. divorce rate, as the percentage of single mothers heading households has also increased over that period, as well as the fact that fewer parents are marrying before children were born or even not getting married at all. Another factor in the growth of the single-dad household is that society no longer looks on a father raising children alone as unusual.

Reflecting this change in societal norms, more states are moving away from favoring the mother in custody disputes and toward shared parenting. In the past, legal custody was often shared by both parents, but physical custody was much more frequently given to the mother. Under this new paradigm, states including Minnesota, Iowa and Oregon favor a 50/50 split of physical custody. Whether a cause or an effect of the shared parenting trend, more dads are believing that they have important contributions to make as a part of their children’s lives.

In a child custody dispute, family courts will most often rule in the best interests of the child or children. However, each state may have its own definition of “best interests,” and judges will adjust their rulings according to the particulars of each case.

Source: The Atlantic, “The Rise of the Single Dad“, Caroline Kitchener, February 24, 2014

Traveling with children after divorce

A Wisconsin parent who has been through a recent divorce may face a variety of difficulties when trying to take a child abroad. If children are younger than 16 years old, both parents must be present when applying for a passport. However, if the couple is divorced, one parent may be present if he or she can prove sole custody. It is also possible for the non-custodial parent to be present if he or she has a court order permitting a specific international trip.

It can be hazardous to allow a child to travel in some cases, especially when the non-traveling parent does not trust that a former spouse will return the child by the appointed date. In some cases, a parent may try to leave the United States with no intention of return in an effort to avoid the terms of child custody and visitation agreements. Child custody rulings made in the U.S. are very difficult to enforce once a parent and child cross the border into another court’s jurisdiction.

However, there are some steps a parent might take to ensure that a former spouse adheres to the terms of child custody agreement. For example, the non-traveling parent may request a ne exeat bond. In such cases, the traveling parent posts a bond and informs the court of the return date for the trip. The bond is in the amount that it would cost to pursue legal action against the traveling parent if he or she does not return with the child.

Alternately, the non-traveling parent may wish to consult with an attorney. An attorney may be able to familiarize themselves with the relevant legal actions that might be pursued should an international abduction take place. The attorney could also help a client understand the different ways that he or she might seek to enforce the terms of a child custody agreement.

Source: Forbes, “Take Precautions Before Your Children Travel Internationally With Your Ex-Husband“, Jeff Landers, May 06, 2014

Legal custody and reaching a custody agreement

Parents in Wisconsin may have concerns and questions about child custody when separating or going through a divorce, and understanding what custody means can help when parents have issues regarding child support and decision-making abilities. Legal custody gives one or both parents the right to make major decisions about a child or children and is different from physical custody, which refers to time with each parent. Physical custody does not have to be equal, and a parent can make routine or daily decisions when having physical custody.

Parents are generally assumed to share joint legal custody after a divorce. If parents cannot agree about child custody or placement, a court may make a custody determination. Both parties must meet with a mediator at least once before asking the court to intervene. A guardian ad litem will be appointed to investigate the situation and represent a child’s best interests.

The guardian ad litem could take up to a year to investigate, and the guardian may help parents form a custody agreement that the guardian approves of. If there is no agreement, a hearing commences where a judge makes decisions after listening to evidence from the parents and guardian ad litem.

Child custody issues are important during a divorce. A court order can take time when parents cannot reach an agreement as the process might involve a custody study, guardian ad litem, social worker, mediator or child specialist. Since this process can be complicated, thorough and lengthy, the final decision is intended to last. This may make it especially important to consult with a family law attorney when needing an agreement modification, but an attorney may be able to assist with any part of the child custody process.

Source: wisbar.org, “Custody and Placement: Answering Your Legal Questions“, October 19, 2014

Wisconsin appellate court affirms order for mother to return

A Wisconsin Court of Appeals decision recently affirmed a lower court’s ruling that a mother who had moved her children out of state had to return to Wisconsin and re-enroll her children in their former school district. The mother and the father had previously been granted joint legal custody, with the mother being granted 60 percent physical custody time.

The mother and her former husband are parents of two children who have autism. Following the initial custody order, the mother had gotten a job in Illinois. She filed a motion with the court to allow her to move the children out of state. At the modification hearing, she had told the court that the children would be attending school in one of two schools located in the Lincolnshire/Deerfield area. The motion was granted by the court.

The mother did not move to Lincolnshire or Deerfield. Instead, she moved the children to Round Lake. She also filed a separate action in Illinois for divorce against the father. The father filed a motion to have the mother be required to move back to Wisconsin. The court granted the father’s motion, ruling that the mother did not do what she had stated in order to get the out-of-state move approved. The court also ruled she had engaged in overtrial by having proceedings in two different states against the father. She was ordered to either move the children back to Wisconsin or to lose primary placement of them. She was also ordered to pay the father’s court costs and attorney fees.

When parents go to court to seek a modification of a child custody order, it is highly important that they are honest with the court. Failing to follow through with what has been approved can result in negative legal consequences.

Source: State Bar of Wisconsin, “Appeals Court Upholds Order Requiring Mother to Move Back to School District“, Joe Forward, October 31, 2014

The “best interests of the child” principle

Wisconsin parents may be interested in some information on the factors that courts use in determining custody issues after a divorce. Depending on the particular state, the motivating factors could change, but most of them exist to achieve specific goals. Nearly every decision that a court makes regarding child custody and physical placement is governed by the best interests of the child principle. What this means, exactly, can depend on a number of factors.

Every state requires that this be the prime determining factor, but many states also have their own statutory rules as to what this phrase entails. Often, the rules are there to support some overarching policy goal with regard to child custody. These can include family integrity and keeping the child in their family home, protecting the child’s health and welfare, and having these permanent custody decisions made in a timely manner.

Many states have statutes setting forth specific factors that are taken into consideration. While they vary with each state that has them, some that are more common than others. The most prevalent is consideration for the emotional bonds between the family members. Another common factor is the ability for each parent to provide for the child. Others include the physical and mental health of the parents and child, as well as the particular needs of the child.

Understanding the process for determining child custody issues can be daunting without the assistance of an attorney. The attorney may be able to guide a parent through the process of fighting for custody and drafting a parenting plan that is fair to all parties and in the best interests of the child.

Source: Child Welfare Information Gateway, “Determining the Best Interests of the Child“, December 15, 2014