The Fifth Circuit Court of Appeals recently determined the Indian Child Welfare Act to be overall constitutional, although it struck down certain provisions. Bailey Holt provides an overview of the act, and discusses the case and its implications.

Sep. 03, 2021

3 Discovery Tools Underemployed in Family Law

While family law attorneys have access to discovery tools like basic interrogatories and requests for documents that are commonly used by civil litigators, there are other tools out there that can bolster a case. Jeff Raymond outlines the pros and cons ofthree tools typically underemployed in family law litigation.

Jul. 23, 2021

On the Bias Against Immigrant Caregivers in the Child Welfare System

The Wisconsin Department of Children and Families recently promoted a new child welfare initiative that focuses on prevention and keeping families together. Azucena C. Guizar discusses the need to reach out to immigrant families in particular.

Jul. 23, 2021

On the Bias Against Immigrant Caregivers in the Child Welfare System

Jul. 21, 2021

Reserve Your Spot: Virtual Family Law Workshop is Aug. 5-6

Registration is open for the 40th Annual Family Law Workshop. This year's event on Aug. 5 and 6 will be held virtually, and features the latest issues in the family law.

Jul. 21, 2021

Dilemma: Estate-planning Clients, a Divorce, and Potential Conflicts

After a client's divorce, can I represent that client in an estate planning matter if I previously represented both former spouses together on an estate plan?

Jul. 21, 2021

Reserve Your Spot: Virtual Family Law Workshop is Aug. 5-6

Registration is open for the 40th Annual Family Law Workshop. This year's event on Aug. 5 and 6 will be held virtually, and features the latest issues in the family law.

Jul. 21, 2021

Dilemma: Estate-planning Clients, a Divorce, and Potential Conflicts

After a client's divorce, can I represent that client in an estate planning matter if I previously represented both former spouses together on an estate plan?

Jul. 19, 2021

Foster Care: 15 Months Not Often Enough for Family Reunification

Is it time to reassess the Adoption and Safe Families Act requirement for termination of parental rights once a child has reached a total of 15 months in foster care? Lisa-Marie Line discusses the time limit and reasons why it may not be long enough to allow family reunification.

Jul. 08, 2021

Protecting the Family Cabin with a Family LLC

The family cabin is often one of the family’s most cherished assets, and protecting it from devastating long-term care costs requires advance planning. Corinna Martell discusses the benefits of using a family LLC to protect family property.

Jun. 17, 2021

Judicial Engagement Teams Make a Difference in Child Welfare Cases

While governed by uniform guidelines, the practice of child welfare law varies from county to county across Wisconsin. Michael Puerner discusses the role of Judicial Engagement Teams: to bring together teams of community stakeholders to identify best practices and implement positive changes in child welfare cases.

Jun. 15, 2021

Dismissing a Family Law Action

When parties change their mind about going through with a pending divorce or legal separation, they must file a voluntary dismissal. David Karp talks about the two different ways that a family law action may be dismissed.

Jun. 03, 2021

Significant Changes Coming to Administrative Code Chapter DCF 150

Legislation to reorganize Wis. Admin. Code ch. DCF 150 and eliminate new family support orders will become effective this year. Jill Mueller explains the changes to DCF 150 that make the shared placement calculation the primary method of calculating support.

Jun. 02, 2021

Family Law and the Pandemic with Donna Ginzl

Don't miss the 40th Annual Family Law Section Workshop, which will take place virtually, August 5-6, 2021.

May 14, 2021

Clan Mediation and Divorce within the Hmong Community

In the Hmong community, clan leaders participate in the mediation of divorce cases. Chue Xiong discusses the importance of clan mediation, and why it is important that attorneys participate.

May 14, 2021

Ripe for Abuse: How Joint Accounts Thwart Estate Plans

Joint accounts at financial institutions might be used to transfer assets at death in ways that account creators did not intend. Learn how to determine whether a joint account holder interfered with a decedent's estate planning goals by inappropriate use of the joint account.

May 05, 2021

Legal Research 101: Online Adoption Law Resources

As a lifetime commitment, adopting a child in the U.S. requires an attorney experienced in adoption law to guide a client through the lengthy adoption process. This guide is a quick introduction to available online adoption resources.

Apr. 30, 2021

Visitation by Grandparents and Other Third Parties

In determining whether to order third-party visitation, a court must analyze the visitation request based upon the child’s best interest, giving special deference to a fit parent’s determinations as to what visitation is appropriate.Wisconsin Legislative Council Information Memorandum.

Apr. 13, 2021

'Raise the Age' in Wisconsin: Brown County Initiates Young Adult Specialty Court

Elisabeth Stockbridge discusses efforts to address racial disparities and incarceration among emerging adults in Wisconsin.

Mar. 09, 2021

How Can I Get A Mentor?

Finding mentors is a critical part of starting a new attorney’s career. Tiara Oates offers tips on how to locate mentors and on nurturing the mentor/mentee relationship.

Feb. 15, 2021

On Shared Placement: ‘Regular’ and ‘Meaningful’ May Not Mean Equal Time

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.

Jan. 22, 2021

Navigating De Novo Reviews

De novo hearings allow a brand-new hearing on issues decided by court commissioners, and are a useful tool in representing previously pro-se clients. Lauren Otte discusses de novo hearing procedure and how to use these hearings to benefit your clients.

Jan. 11, 2021

New Minor Guardianship Law: Changing Children's Lives

Many children are raised by someone other than a parent either temporarily or permanently. A new law clarifies and improves the minor-guardianship process.

Dec. 10, 2020

Triage: A More Efficient Family Case Management System

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.

Nov. 18, 2020

Successful Mediation: Stay Neutral, Stay Calm

Important keys to a successful mediation: Maintaining neutrality and keeping in check the emotions of the participants – including the mediator. Judy O’Connell discusses ways to stay neutral and create calm in the mediation process.

Nov. 18, 2020

What Family Law Attorneys Should Know about Wisconsin's Confidential Address Program

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.

Nov. 10, 2020

Beyond the Divorce: Crafting Successful Settlement Agreements

Settlements allow creativity in developing a case-specific plan, but not all settlement negotiations are equivalent. The authors recently conducted a survey to learn more about factors that promote successful settlements. One key finding is that negotiators' skills matter.

Oct. 16, 2020

Early Neutral Evaluation – Is It Time to Use It in Family Law?

Early neutral evaluation is an available and alternative option for resolving civil cases quickly and efficiently. Marta Meyers discusses the issue, saying that it may be time to attempt early neutral evaluation more earnestly and more often in Wisconsin.

Oct. 13, 2020

Divorce Judgement: Is It Time for Wisconsin’s 120-Day Waiting Period to Go?

In Wisconsin, there is a 120-day waiting period before a Judgment of Divorce can be issued. Family Court Comm. Mark G. Schroeder discusses why it may be time for that waiting period to go.

Sep. 25, 2020

Is There a Way to Cure Maintenance Arrearages in Wisconsin?

Section 767.59 greatly limits the trial court's authority to modify maintenance payments or arrears accrued prior to the filing of a motion. David Karp explores other remedies that may be available to cure maintenance arrearages.

Sep. 16, 2020

Ethical Dilemma: Fees in Family Law Cases: Judgment or Arbitration?

In fees involving family law cases, a lawyer may request that the court grant a judgment for fees. How does this judgment intersect with the requirement to participate in fee arbitration on a client's request?

Aug. 19, 2020

Tips for an Effective Business Succession Plan

A succession plan for a business is an often overlooked, yet essential area of business law. Maureen O’Leary gives tips on setting up a successful plan and getting clients to look ahead.

Aug. 05, 2020

Assessing the Impact of Childhood Trauma

Chronic and persistent adversity impacts development in children as they grow into adults. Melissa Ivens discusses adverse childhood experiences (ACEs) and reviews strategies that facilitate healthy development in children.

Jul. 22, 2020

What You Should Know about the New Administrative Paternity

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.

Jul. 10, 2020

Preparing for Chapter 48’s New Private Minor Guardianships

A new private minor guardianship law takes effect Aug. 1, 2020. In this second part of a two-part series, Courtney Roelandts provides tips and suggestions on how to prepare for a smooth transition.

Jul. 07, 2020

Countering Evasion: Securing Notice in a Divorce Action

What happens when the opposing party in a divorce action evades a Summons and Petition or simply cannot be located? Lauren Otte discusses the required steps to secure service and personal jurisdiction in these circumstances.

Jun. 25, 2020

Judge Created Serious Risk of Actual Bias by Facebook “Friending” Litigant

In a case of first impression, the Wisconsin Supreme Court majority (4-3) ruled that a judge violated a litigant’s due process rights by accepting a Facebook “friend” request from a litigant in a pending child custody case.

Jun. 16, 2020

Chapter 48: The New Private Minor Guardianship Law

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.

Jun. 03, 2020

Solutions: The Future of Assisted Living: A Crisis in the Making?

Carol Wessels and Michelle Putz discuss how more vulnerable people needing care and fewer people to provide it will affect the future of assisted living.

May 18, 2020

Silver Linings in a Dark Cloud

Court appearances via Zoom, live U.S. Supreme Court hearings, and improvements in court procedures. Gregg Herman discusses a few of the good things to come out of the coronavirus pandemic.

May 04, 2020

Family Finances under the CARES Act

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.

May 01, 2020

SECURE Act: Ensure Safety of Retirement Accounts

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.

May 01, 2020

Career: Considering an Elder Law Practice?

Ben Wright interviews elder law practitioners about their work, the challenges and rewards of their chosen focus area, and their tips for getting started in the field.

Apr. 20, 2020

Constructive Trust Could Be Remedy for Divorce Agreement Breach on Life Insurance Proceeds

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.

Apr. 16, 2020

Supreme Court Extends Order on Remote Hearings, Clarifies Order for Juvenile Cases

All in-person proceedings in appellate and circuit courts are suspended until further notice under a recent Wisconsin Supreme Court order, which also clarifies that judges may waive in-person requirements otherwise required in juvenile matters.

Apr. 15, 2020

Video Mediation: Making the New Normal Work Like Normal

In this article, mediator and former Milwaukee County Circuit Judge Richard Sankovitz provides tips on conducting mediations remotely.

Apr. 10, 2020

Divorce, Custody, and COVID-19

With a virtual shutdown in Wisconsin courts due to concerns over the spread of coronavirus (COVID-19), people are left to wonder what this will mean in their pending family law cases.

Apr. 08, 2020

Practicing Family Law in the Time of Coronavirus

The practice of family law in Wisconsin has changed drastically in the past month. Margaret Hickey gives a few tips on dealing with these changes, and where to find resources to help you manage your practice.

Apr. 07, 2020

Helping Clients in Nursing Homes and Assisted Living Facilities

Lawyers can help older individuals and their families by advising on selection of a long-term care facility and encouraging residents and family members to monitor the quality of care received in facilities.

Mar. 26, 2020

Child Placement in Wisconsin During the COVID-19 (Coronavirus) Pandemic

Lynn Lodahl of Hawks Quindel S.C. notes that many divorced and separated parents in Wisconsin are wondering how this affects their custody and placement orders.

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