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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Adversarial, collaborative, cooperative, or mediation? Choosing the method in family law matters depends on your client’s situation. Margaret Hickey discusses what to consider when selecting an approach to resolving family law cases.
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Cases involving domestic violence, custody, or child abuse may force couples to run around a maze to locate legal counsel in a place where family law attorneys are scarce. The first one to find the attorney wins. Like a game of musical chairs, the second one to the chair is out of luck.
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When clients' names in a divorce are not on a real property deed, protect their marital interest with a lis pendens. Cassel McClure Villarreal discusses lis pendens, an effective tool in protecting your client’s real property interest in divorce.
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For anyone handling marital property issues, Marital Property Law & Practice in Wisconsin, from State Bar of Wisconsin PINNACLE®, provides a practical guide that answers your in-depth questions and saves you time with its quickly accessible forms and flowcharts.
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Your views needed: The Wisconsin Legislature is exploring reform of Wisconsin’s termination of parental rights (TPR) and adoption systems. Emily Dudak Leiter discusses the details of these potential changes, and urges section members to take the poll, linked at the end of the article, to inform the section board of your views on these critical issues.
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Family Care is a Medicaid long-term care program that allows eligible Wisconsin to reside in their own homes while receiving high-quality support and care management. Julianne Cox discusses the program, enrollment, and its benefits and services.
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ERISA vs. FSPA – what’s the difference? It’s a vital consideration for divorce practitioners, says James C. W. Bock. Find out what they are, and why the FSPA and the Survivor Benefit Plan statutes matter in family law.
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Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.
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The Family Law Section is offering 12 scholarships to its Annual Family Law Workshop in Door County, on Aug. 1-3, 2019, at Stone Harbor Resort and Conference Center in Sturgeon Bay.
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No matter the area of practice, lawyers should be aware of the legal issues relevant to individuals whose families do not conform precisely to the structures for which many statutes and judicial decisions have been tailored. A vital guide is Advising the Evolving Family, recently released from State Bar of Wisconsin PINNACLE®.
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2003 Wis. Act 130 created a rebuttable presumption that when one party engaged in domestic abuse, joint or sole custody to the abusive parent is contrary to the child's best interest. Rather, the safety and well-being of the abused parent and child become paramount concerns when determining custody and placement. Research shows that this has not countered the trend toward joint legal custody and more equalized physical placement.
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