There is no right to equal periods of placement when considering child custody agreements, writes Mark Fremgen. Each situation is different, and placement agreements should involve all relevant facts when deciding the best interests of the child.
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In this era of doing more with less, triaging family cases could benefit Wisconsin family courts, parties, and lawyers by using scarce resources more efficiently. Paul Stenzel discusses how triage, or differentiated case management, could fit into family court systems.
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Safe at Home, Wisconsin’s address confidentiality program, can be a necessary tool to protect the privacy of clients who are victims of domestic abuse. Jeff Raymond details properly serving pleadings to a party enrolled in the program – which is crucial to keeping practitioners out of hot water.
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Administrative paternity, a fourth way to determine paternity in Wisconsin, begins Aug. 1, 2020. Jill Mueller discusses the logistics of administrative paternity and why this new option is important for parents and children.
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A new private minor guardianship law takes effect Aug. 1, 2020. In this first of a two-part series on the new Wis. Stat. chapter 48, Beth Lauck provides a background of private minor guardianships and an overview of the changes under the new law.
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Among the new rules implemented by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are Economic Impact Payments (EIP) and changes in retirement distributions and withdrawals. Tiffany Highstrom discusses what attorneys should know about the CARES Act and offers advice on guiding clients through this uncertain time.
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The SECURE Act, enacted in late 2019, made significant changes to treatment of certain retirement accounts. Lawyers should become familiar with the Act now so as to advise clients to make appropriate changes to retirement and estate plans.
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Establishing a constructive trust could be a remedy to hold life insurance proceeds for a decedent’s minor children, a Wisconsin Supreme Court has ruled, but the circuit court must first examine the relevant facts to make that decision.
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Marital settlement agreements requiring college expense coverage for children can prompt disputes years after the divorce. David Kowalski discusses basic law on parental obligations for adult children, and suggests language to clearly define all parties’ obligations for parents jointly assuming this obligation.
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In Wisconsin, financial exploitation is the largest category of elder abuse after self-neglect. This article looks at certain vulnerabilities among older clients, along with options and resources to address them, especially through drafting and statutory provisions for financial powers of attorney.
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In Wisconsin, two sets of courts potentially have jurisdiction over children and families. In cases involving child abuse allegations against a parent, consider the advantages and disadvantages to filing for a child abuse injunction first versus raising the allegations as part of an active family law matter. The authors discuss jurisdictional differences and areas of authority.
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The Family Law Section is offering 15 scholarships to its Annual Family Law Workshop in Door County, on Aug. 6-8, 2020, at Stone Harbor Resort and Conference Center in Sturgeon Bay.
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Health-care and financial powers of attorney protect the people for whom they are created, not deprive them of autonomy and decision-making authority. Learn how to help older clients by crafting and using POA documents appropriately. These articles on POAs continue the series on protecting older clients.
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When considering the value of power of attorney documents as protections against elder abuse, it is important to keep in mind that for both health-care and financial POAs, the principal typically retains considerable autonomy.
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The legal community can strengthen families by providing, training, and supporting attorneys for parents involved in the child welfare system, says Alaina Fahley, who discusses what high quality parent representation would look like in Wisconsin.
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Exposure to domestic violence can have serious health effects for children, according to recent scientific studies. Tiffany Highstrom gives a broad overview of these studies on the link between early childhood exposure to intimate partner violence (IPV) and children’s physical and health risks. “While exposure to IPV leaves no actual bruises, it has real effects on the health of the child. Research suggests that intervention can be effective in mitigating those effects,” she writes.
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When helping clients navigate the complexities of selling or refinancing an existing home or purchasing a new home during a divorce, it's important to understand the ever-changing real property landscape and the client's circumstances. Here's how to guide clients through this emotional and potentially discouraging transaction.
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In Michels v. Lyons, the court held that a grandparent who wishes to have visitation rights to a grandchild in opposition to the parents' wishes must establish by a clear and convincing standard that the parents' decision is not in the child's best interests. Although more difficult, the higher evidentiary threshold can be overcome.
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