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The bifurcated nature of the termination of parental rights (TPR) process means that the circuit court's discretion governs finding the best interest of the child without a specific burden of proof, the Wisconsin Supreme Court explained.

The Family Law Workshop provides an opportunity to receive CLE credits in family law-focused programming along with an opportunity to socialize with family law practitioners and experts from around the state.

Financial abuse of adults at risk and older adults is high and growing. Time is of the essence when these crimes come to light, to preserve evidence and prevent continued victimization. Read about traditional guardianships for adults and spendthrift guardianships, which can be a middle ground between doing nothing for victims of financial abuse and imposing remedies that deprive victims of all autonomy.

Civil legal aid providers are asking Wisconsin lawmakers for a $16 million dollar increase to help provide services for veterans, victims of domestic abuse, seniors, and underserved rural communities.

Attorneys need to know and follow rules of civil and appellate procedure to avoid compromising the rights of their clients. Jolene Schneider discusses lessons from Morway v. Morway on the importance of incorporating finality statements into post-judgment orders.

Special Immigrant Juvenile Status is a pathway to legal status for immigrant minors who have been abandoned, abused, or neglected by one or both of their parents. The authors explain the pathway and provide guidance for attorneys to take on these cases.

Family law attorneys should consult defamation counsel to evaluate any potential claims, remove unwanted online content, unmask anonymous online actors, and mount an aggressive defense in a contentious divorce.

There is a growing movement to apply the "best interests of the child" standard in immigration cases in which noncitizen parents face removal and possible separation from their U.S. citizen children. Learn how family law intersects with immigration law.

The State Bar has created a one-stop website to help keep members informed and engaged on the campaign to increase state funding for civil legal needs. Visit JusticeBreakingPoint.org to learn more.

In Wisconsin, the requirement of finding fault in divorce has come and gone over the decades. Comm. Barry Boline discusses the history of divorce and finding fault in Wisconsin.

State funding for civil legal aid could support thousands of families, streamline court operations, and create economic returns for communities. Let your lawmakers know your thoughts on civil legal aid funding as they build the next state budget.

A post-divorce order without a finality label remained the final order because it resolved the movant's issues – and a subsequent motion by the other side would address an issue mentioned in the order but was not yet briefed.

Unfortunately, domestic violence is a common issue in family law cases. Haley Bjorn dives deep into Wis. Stat. section 767.41(2)(d)(1), which addresses changes to presumptions about legal custody family law cases involving domestic violence.

Attorneys and parties in divorce cases involving minor children are likely to face resistance if they attempt to have those children testify at trial. This discussion of the status of the law in Wisconsin suggests ways that children's thoughts about relevant issues in their parents' cases can be conveyed to the court.

Attorneys should consider updating their orders to equip parents to better address one of the biggest parenting decisions they will have to make: access to cell phones and social media, writes Kristen Lonergan.

Expanded venue options for certain victims of domestic abuse might encourage more victims to obtain restraining orders and thereby save lives.

Diane Rondini, a retired public defender, has received the 2024 Robert E. Shepherd Jr. Leadership Award for Excellence in Youth Defense. Rondini is a past chair of the State Bar of Wisconsin Children and the Law Section Board.

Several overlapping legal regimes affect the disclosure, use, and admissibility of protected health information. No matter the area of practice, understanding these foundational medical privacy laws can limit unnecessary disclosure of clients' most sensitive information.

Practitioners often disagree on when the harm standard is required to revise custody and placement orders pursuant to Wis. Stat. section 767.451(1). Chelsie Thuecks argues that the harm standard only applies within two years of the initial order regardingcustody and placement.

Sibling relationships play a critical role in a child’s life, especially for those experiencing trauma. Morgan Boyd discusses the importance of maintaining sibling relationships in foster care and adoptions.

From understanding gender dysphoria to advocating for transgender rights, my journey as a lawyer and the mother of a transgender son has been transformative, writes Heidi Mangelsen.

The Supreme Court in its decision in State v. R.A.M. found “egregiousness” triggers the waiver of counsel statute in Wis. Stat. chapter 48. Courtney Roelandts discusses the ruling and cautions that trial courts need to be careful to disavow the application of this section where not intended.

How have recent changes in marijuana laws impacted family court proceedings? Elizabeth Pfeuffer, a Kenosha County Court Commissioner, shares strategies for attorneys working to effectively advocate for their clients where marijuana use is a factor.

When attorneys encounter bad legal advice on social media, what should they do? Sarah Bondar says that sometimes being helpful can cause problems, and that the reward does not outweigh the risk.

Despite many mentions in unpublished opinions and the recent lengthy journey of one case through the Wisconsin court system, crucial issues regarding the burden of proof, if any, at termination-of-parental-rights disposition hearings remain unresolved.

A circuit court did not err by relying in part on an adoptive parent’s promise when deciding to terminate the parental rights of a birth parent, the Wisconsin Supreme Court has ruled.

A circuit court must wait at least two days before adjudicating the dispositional phase of a termination-of-parental-rights trial when the parent has failed to appear, the Wisconsin Supreme Court has held.

August is a great time for CLE events, networking, and relaxation – now is the time to save your seat for these CLE workshops: the Family Law Workshop and Indian Law CLE.

Colorblindness and a lack of cultural competency pose significant threats to children who are transracially adopted. Law student Payton Altman discusses the history and issues surrounding transracial adoptions.

Legal documents can now be signed and witnessed remotely. Heather Poster discusses the new rules and offers tips and advice on incorporating remote notarization and witnessing of estate planning documents into your practice.

Until 1974, the father's name was not included on birth certificates of children born in Wisconsin to unwed parents. This practice has particularly serious ramifications for Indigenous children.

Joint custody in Wisconsin has evolved. Karyn Gimbel Youso discusses the history of joint custody, including a recent unpublished case that she believes represents the correct application of current law.

A case currently under review by the Wisconsin Supreme Court begs the question: Can a trial court accidentally find that a parent has waived their right to counsel by simply entering default judgment and uttering the word “egregious?” Jenni Spies Karas Courtney Roelandts discuss _State v. R.A.M._.

On March 23, 2024, legislation amending the Wisconsin Trust Code took effect. The Trailer Bill provides numerous enhancements to the depth and efficacy of Wisconsin's trust law. Among the topics covered are classes of beneficiaries, representation of beneficiaries interests, nonjudicial settlement agreements, and the treatment of digital property owned by married persons.

Emergency rules necessitated by the COVID-19 pandemic have now been made permanent. 2023 Wisconsin Act 130 was signed into law on March 21, 2024, and took effect on March 23, 2024. Act 130 provides guidance on how and when lawyers, principal signers, notaries, and witnesses may use remote witnessing and notarization procedures for estate planning documents.

Double counting – dividing an asset for property and as income available for maintenance – is generally prohibited. A more nuanced review of the rule and case law reveals important exceptions, writes David Kowalski.

The Wisconsin Supreme Court has unanimously turned down a challenge to the state adoption law filed by a man who argued that the law’s requirement that an adoptive parent be married to the child’s parent violates the state and feder

A federal law prohibits a divorce court from dividing miliary disability pay that a veteran opts to receive instead of retirement pay, the Wisconsin Count of Appeals has ruled.

The 2023-24 Wisconsin legislative session was a busy and successful one for the State Bar and its lobbying sections. This Rotunda Report gives a brief summary of section positions and accomplishments.

Navigating breakups for unmarried couples in Wisconsin poses unique legal challenges. Amanda R.R. Mayer discusses existing legal avenues for individuals navigating post-cohabitation separations in Wisconsin.

In recognition of Healthcare Decisions Day on April 16, the State Bar of Wisconsin is offering a free download of its healthcare decisions guide for a limited time.

Courts have many remedies to correct an ongoing contempt by a party intentionally violating a custody and placement order. But is order modification one of them? Comm. Barry Boline discusses the viability of modifying the underlying order as remedy forfor contempt.

The word “shall” in a statute setting a 60-day time limit for circuit court review of family law judgments is not mandatory, the Wisconsin Court of Appeals has ruled.

The Family Law Section seeks an amendment to Wis. Stat. chapter 767 to allow divorces without final hearings. Paul Stenzel discusses the proposal and potential benefits, and asks: What are your views on this proposal?

'State v. A.G.' clarified the law on TPR plea colloquies in some ways but did not resolve the question of what the burden of proof is at TPR disposition – if there is any burden of proof beyond the child’s best interests, write Jenni Spies Karas andCourtney Roelandts.

Substance abuse accusations are often at the forefront of family court cases. What statute authority do courts have to order drug testing? Kathleen Hessel discusses the issue – and the reasoning to do so.

The legislature is rapidly winding down, and Capitol watchers can expect a flurry of activity for the next few months. Here's where State Bar legislative advocacy stands at the end of 2023.

The recent decision by the U.S. Supreme Court in Haaland v. Brackeen validated the Indian Child Welfare Act. Jennah Curtin discusses the case and decision on adoption practices involving Indian children.

A family court judge for the Oneida Judiciary describes the Oneida Nation's tribal court procedures. Knowing more about tribal courts is useful for all Wisconsin attorneys concerned about access to justice, conflict resolution, and jurisdictional allocation issues.

Tim Pierce affirms that GALs are bound by the same disciplinary conflicts rules as are other lawyers.

The State Bar's Professional Ethics Committee has issued Opinion EF-23-02, discussing GAL obligations under the Rules of Professional Conduct.

The Tailored Dispositional Orders Project is being led by the Children’s Court Improvement Program (CCIP) and the Department of Children and Families (DCF) and aims to improve outcomes for CHIPS and Youth Justice cases. The project is now being expanded statewide.

As tension hangs over the fall session of Wisconsin's legislature, these are the issues that the State Bar and its practice sections will be monitoring.

If there is serious doubt about an opposing party’s competence, attorneys should protect their client by filing a motion and bringing the issue of incompetence before the circuit court, writes Comm. Barry Boline. Learn more about the procedure andand applicable statutes.

Two recently enacted federal laws, the Pregnant Workers Fairness Act and the PUMP Act, provide greater protections in the form of accommodations to pregnant women and new mothers in workplaces.

A circuit court told a parent the wrong evidentiary standard it would use in deciding whether to terminate his parental rights, but that was not grounds for allowing the parent to withdraw his no contest plea, a divided Wisconsin Supreme Court has held.

Recent campaigns by politicians and lawmakers assert that gender-affirming care for transgender children constitutes child abuse. Law student Monika Allis discusses the scientific research and studies that say just the opposite.

Turning 18 marks a new stage of life for many young people, complete with new legal rights, privileges, and responsibilities. This brief guide helps young people and parents to navigate this exciting new landscape.

A court may terminate the parental rights of a person convicted of neglect of a child resulting in death, as a party to the crime, if the person directly committed the crime, the Wisconsin Court of Appeals has ruled.

August is a great time for CLE events, networking, and relaxation – now is the time to save your seat for these CLE workshops: the Family Law Workshop and Indian Law CLE.

Mediation submissions are often seen as a necessary chore, and there’s little guidance as to what should go into them. By keeping in mind the various members of the audience of your statement, and addressing a few critical topics, lawyers can set the stage for an efficient and effective mediation, writes David E. Jones.

Civil legal aid not only helps ensure justice is served to all, but it can make courts more efficient and save taxpayers money, too. Lawmakers need to hear from you on this topic as they put together the biennial budget.

Acts passed during the Wisconsin Legislature's 2021-22 session are designed to make family law proceedings, particularly divorces and legal separations and related postjudgment actions, easier for litigants, lawyers, and court staff. Here's what you need to know.

In recognition of Healthcare Decisions Day on April 16, the State Bar is offering a free download – April 12 through April 24 – of its health care decisions guide, "A Gift to Your Family: Planning Ahead for Future Health Needs."

A promise not to prosecute a couple for child abuse became binding once the couple detrimentally relied upon the promise by consenting to the termination of their parental rights, the Wisconsin Court of Appeals has ruled.

The recent 2021 WI Act 182 created new language for petitions to change the name of a minor under 14 years of age with two living parents who are not filing a joint petition in certain circumstances. Amanda R.R. Mayer outlines the new law and how to navigate it – and points out a glaring omission.

Wisconsin's criminal justice system is facing a watershed moment. Staff vacancies and turnover for prosecutors and defenders are pushing the system to a breaking point, and solutions must include adequate funding from the legislature.

State Bar President Margaret Hickey makes a statement in response to the Governor's budget proposal on civil legal aid funding.

Motions to enforce are extraordinary motions that offer a speedy consequence where there are placement issues in a family law matter. However, they may not be the best solution for your client. Comm. Barry Boline discusses the details of motions toenforce and their impacts.

Wisconsin law requires that a person subject to a petition for guardianship and protective placement be physically present for the final hearing absent a valid waiver, the Wisconsin Court of Appeals has ruled.

In 2021, more than 16,600 divorce cases were opened in Wisconsin, according to circuit court statistics. The lawyers who handle them know that divorces involve complex decisions and a lot of paperwork. Here are a few time-saving tips for efficiently working with a new divorce client.

Transnational marriage abandonment (TMA) occurs when an abuser abandons their victim-spouse in that victim-spouse’s country of origin, without means to return to the United States. Wisconsin lawyers should familiarize themselves with TMA and be prepared to use innovative legal strategies outlined here to empower survivors. 95 Wis. Law. 22 (November 2022)

As the number of people age 65 or older continues to rise in the U.S., more lawyers are needed to assist older Americans on issues of health care.

Constitutional claims made by parents against state and county officials who took custody of one of their daughters and facilitated the placement of another daughter in a foster home failed because the parents failed to state legally sufficient claims, th

Children are being removed from parents with substance use disorders at an alarming rate. Applying a treatment court model to help these families reunify might make sense for them and their communities. Read about the principles and structure surrounding family drug treatment courts, and some of the successes of and obstacles to implementing such a court in one Wisconsin county.

Lawyers have a duty to challenge illegal and immoral uses of violence. Dianne Post makes her case.

Pets are increasingly valued as more than property. But what does that mean for divorce in Wisconsin? Comm. Mark Fremgen explores the current status of pet custody and placement agreements in the state.

Legislation to exclude area variable housing costs from gross income in military cases became effective March 13, 2022. Jill Mueller discusses how 2021 WI Act 160 impacts child support calculations for members of the military.

The availability and approval of COVID-19 vaccine administration for children presents new challenges for parents with joint legal custody who disagree about whether to vaccinate their children. Erin Idler explores the legal standard and role of a guardian ad litem in resolving such disputes.

The Family First Prevention Services Act refocuses child welfare goals from reaction to prevention, requiring qualified residential treatment programs to meet more stringent qualifications for funding. Grace Tressler explores the Act’s various impacts,especially how its implementation in Wisconsin transforms the current landscape of the treatment programs.

Mediation is protected by Wis. Stat. section 904.085, which makes mediator testimony inadmissible, subject to limited exceptions. Paul Stenzel takes a closer look at a recent divorce case where the mediator testified in a post-judgment dispute thateventually went to the Wisconsin Court of Appeals.

The Wisconsin Supreme Court in 2021 established new requirements for guardians ad litem as it relates to domestic violence cases in family court. Debra Mancoske discusses recent GAL training in Brown County.

Mental health resources for children continue to be an important component when treating children with mental illness. Alyssa Paulus discusses these resources in Wisconsin.

Quality caregiving services are a constant need, particularly in an unstable economy. Amy M. Burger discusses the caregiving shortage crisis and how legal practitioners can address the crisis by making caregiver agreements a regular and integral part oftheir practice.

The new Wis. Stat. chapter 324 specifically addresses custody and visitation issues for deployed parents. David Kowalski discusses the new chapter and its limitations.

Registration is open for the 41st Annual Family Law Workshop – back in person in beautiful Door County. This year's event is Aug. 4-6 and features the latest issues in family law.

As elsewhere, the COVID-19 pandemic will have a long-term effect on family law issues, including decisions involving child custody. Tiara Oates discusses creative alternative ways to resolve child custody disputes – and lessons learned from the pandemic.

The Wisconsin Legislature has finished the business of the 2021-22 session. This article examines some of the bills and acts that were supported by the State Bar's lobbying practice sections.

Engaging in advance planning for healthcare decision-making can mean the difference between life and death. Mike and Luciana Wiltse share their harrowing experience with writer Jeff M. Brown.

After nine years of practicing estate planning and elder law, Appleton lawyer Jon Fischer has seen up close the effects of failing to plan for end-of-life care.

When you pick up a case in a county that is new to you, it's a good idea to get acquainted with that court's rules, because they can differ widely from what you're used to. David Karp discusses local court rules and where to find them.

A recently appeals court decision reinforces the requirement for batterers to complete certified treatment before being granted sole or joint custody of minor children in a divorce. Marco Bichanich discusses the case and the importance of certified batterers treatment providers in protecting children from the impact of domestic violence.

Under the Trump Administration, thousands of children were separated from their families at the U.S. border, and separations still occur – although much fewer – under the Biden Administration. Rozita Gerhard discusses the “zero tolerance” policy and its effect on immigrant children

A recent Wisconsin court of appeals decision sends a message to child support payers. Jacob S. Wiese discusses why the decision makes it clear to parties paying child support that they must be proactive in revising child support orders when a child reaches the age of majority.

LGBTQ youth have unique issues that require attorneys to educate the court, particularly in family law matters. U.W. law student Renee Pasciak explains the need for this education and how to advocate for this population.

A presumption against granting custody to an abusive parent can only be overcome with proof that the parent has completed treatment for batterers from a certified program or from a certified provider, the Wisconsin Court of Appeals has ruled.

With appropriate guidelines and oversight, parent coordinators can help resolve disputes between parents after divorce, quickly and cost effectively.

Parents with personal experience in the child welfare system can play a valuable role in many ways, including providing feedback and peer support. Heather Miller discusses how a lived experience voice is being incorporated in child welfare in Wisconsin.

Four statutes authorize the recovery of attorney's fees for clients and lawyers in family law cases in Wisconsin. Karyn Gimbel Youso discusses the statutes, two of which apply generally to all civil cases and two that are specific to the family law statute.

A current bill in the Wisconsin Legislature proposes a list of requirements and training that a potential guardian must go through before taking guardianship. Alexandra Evans discusses the requirements and their potential consequences for wards and guardians.

Several proposed bills would significantly affect family law practice in Wisconsin. Emily Tercilla provides a brief overview of these legislative bills and their anticipated impact.

When one family unit becomes two, differing opinions on appropriate use of social media can arise. Ashleigh Hacker discusses the rise of “sharenting” and considerations for divorce attorneys in negotiating parental agreements.

There are many different ways to achieve a mediation agreement. Nancy Mills suggests alternative ways for both parties to achieve desired results.

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.

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.

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.

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.

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.

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?

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.

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?

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

An emergency rule now allows documents to be notarized remotely online but it does not apply to estate planning and other types of documents, such as wills and trusts.

Supported decision-making agreements provide a means for individuals with functional impairments to maintain their self-determination when making decisions. Leah Ruedinger breaks down the scope of a supported decision-making agreement and discusses the role of the supporter in assisting individuals with functional impairments.

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.

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.

Representing older clients in financial abuse cases requires the readiness to act quickly but also the recognition that traditional law enforcement and judicial system responses might not be appropriate. Here are considerations and steps to take when investigating and remedying financial abuse of an elder.

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.

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.

The 2019-2020 Legislative session is rapidly drawing to a close. Learn more about where priority bills for the State Bar and its Sections are at in the last days of the process.

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.

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.

A newly passed Wisconsin bill creates a new presumption of paternity in Wisconsin through genetic testing. Donna Ginzl discusses the details of Senate Bill 158 and how it changes paternity determination in the state.

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.

Family lawyers trained to identify the effects of childhood trauma and compassion fatigue can better serve their clients. Lauren Otte discusses identifying and addressing the trauma experience of children and parents to mitigate the potential damage during custody and placement disputes.

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.

A three-judge panel for the U.S. Court of Appeals for the Seventh Circuit has upheld a judgment in favor of the Wisconsin Department of Corrections, which denied a prison inmate’s request to marry his former prison psychologist.

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.

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.

Jill Kastner says lawyers can help combat domestic violence by volunteering to assist survivors.

Few lawyers have not experienced or witnessed a party behaving badly. When the behavior escalates to include cyberbullying, David Blumberg says the potential resulting harm cannot safely be ignored.

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.

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.

Mediation may seem like a traffic jam, but with the right mediation tools situations can successfully merge into a solution. James Mathie lists a few ways lawyers can set up a mediation for success.

When should post-filing debts be considered when establishing a balancing payment in divorce? David Kowalski discusses issues raised by a recent case.

In 2018 the Legislative Council established a study committee to address potential changes to child support and the notion of presumed equal placement. Twelve measures are moving forward. Here is a summary of each measure, and the case for or against the action.

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.

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.

Knowledge of a child's underlying trauma is the first step toward making the most appropriate recommendation regarding the best interest of the child. Kelsey Stefka discusses trauma-informed care and how it can be used by guardians ad litem to better understand their young clients.

What type of personal service is required in Wisconsin when proceeding with a contempt motion in family law cases? David A. Karp discusses the relevant statutory provisions and case law.

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.

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.

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.

The Wisconsin Supreme Court has ruled against a grandmother who wanted more visitation time with her granddaughter, concluding grandma did not overcome a presumption that favors parental decisions concerning their kids.

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.

Morgan Stippel provides a step-by-step guide for obtaining injunctions to help protect domestic abuse survivors, and their pets, from abuse and harassment.

When crafting an approach to third-party visitation, Mark Fremgen and Gregg Herman say, appellate courts should keep in mind the harm to children's interests created by litigation itself.

A Legislative Council Study Committee recently proposed changes to child placement and support laws in Wisconsin. Tiffany Highstrom reviews the committee’s proposals and their potential impact on family law.

The Wisconsin Supreme Court recently held that a circuit court judge who appointed a referee to resolve disputes delegated authority that he could not delegate. Margaret Hickey discusses the case and its implications when using third-party decision-makersin family law.

A new federal law expands protections for domestic abuse victims with provisions that apply to the victim's household pets, emotional support and service animals.

In February 2019, the Wisconsin Joint Legislative Council unanimously voted to support changes involving minor guardianships. Deanna Weiss discusses the changes proposed in AB 47.

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.

Listening closely and carefully is one of the most effective tools of the family court mediator. Nancy Mills discusses this subtle mediator skill that helps the mediator bring adversarial parents to an agreement that places the needs of the child first.

A judge who became Facebook “friends” with a pending litigant before deciding the case created a risk of actual bias such that the case must be reversed and remanded for a rehearing before a different judge, a state appeals court has ruled.

Advocates for Marsy’s Law – equal rights for crime victims as defendants – have introduced resolutions recently in the Wisconsin Legislature. Donna Ginzl talks about Marsy’s Law For All and what’s happening in Wisconsin.

Mandatory mediation in elder law can save court resources and reach creative solutions that preserve family relationships and allow the elder’s voice to be heard, says Julie Short.

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®.

Recent Wisconsin Supreme Court oral arguments in Michels v. Lyons dissected the constitutionality of a grandparent visitation statute. Tiffany Highstrom and Sara Vanden Brook discuss the court’s recent oral arguments regarding the statute and cases involved.

Recent Wisconsin Supreme Court oral arguments in Michels v. Lyons dissected the constitutionality of a grandparent visitation statute. Tiffany Highstrom and Sara Vanden Brook discuss the court’s recent oral arguments regarding the statute and cases involved.

​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.

Achieving a Better Life Experience (ABLE) accounts allow family members to save for a disabled child while not disqualifying the child from receiving government benefits. Amy Krier discusses the requirements and limitations for ABLE accounts.

When you represent noncitizen clients, immigration issues may overlap with family law issues. Cassel Villarreal details one particular issue – the I-864 Affidavit for Support, where a citizen sponsor agrees to financially support their immigrating spouse – and how it comes to play in divorce.

Obtaining a credit card or consumer loan as a married individual in Wisconsin actually requires compliance with multiple and complex areas of law. MaiVue Xiong discusses the framework lenders need to comply with obtaining and reporting credit, and the potential ramifications married consumers should know in Wisconsin.

From initial client interviews to postjudgment actions, Family Law in Wisconsin: A Forms and Procedures Handbook covers all aspects of family law. State Bar of Wisconsin PINNACLE’s best-selling reference is newly supplemented for 2018.

Some states have decided that open adoption may be considered when it is in the best interests of the child. Brooklyn Kemp writes about the issues, benefits, and disadvantages of open adoption.

May parties stipulate to a lower standard for modification of custody and placement in the initial years following a judgment? James C.W. Bock explores case law and legislative intent involving the “best interest of the child” custodial standard.

Just as a not-guilty verdict does not necessarily indicate a defendant did nothing wrong, a finding of unsubstantiated child abuse might not mean the child suffered no harm. To competently assist children and their families when abuse is alleged to have occurred, lawyers must understand the terms "substantiated" and "unsubstantiated," including the differences between them and the statute defining "child abuse."

Called the "fastest-growing foster care initiative," kinship placement and adoption is on the rise. Kaitlyn Dvorak discusses what guardians ad litem should keep in mind about the benefits and challenges of recommending placement with family members.

Divorced parents sometimes desire to move with their children to locations farther from the home of the former spouse. Learn which proposed relocations are subject to a recently revised Wisconsin statute and how to comply with the law's procedural provisions.

The Wisconsin Supreme Court has accepted certification of a case involving the standard for determining court-ordered grandparent visitation, giving the court the opportunity to clarify this area of law.

A new legislative Act alters what a custodial parent must do to move or relocate with a child. Lisa-Marie Line outlines the changes, which became effective April 5, 2018.

The Wisconsin Legislature recently made significant changes to the law that governs when one divorced parent seeks to relocate far the child’s other parent. Tiffany Highstrom details the new procedures and standards applicable under the Act.

Did you know that 14 State Bar of Wisconsin sections are blogging? Recently, four different sections released four new blogs on Wisconsin’s new child relocation statute, considerations for mediation, and the civil procedure overhaul.

Jim Mathie discusses how perspective taking can help to solve difficult puzzles in mediation.

On Jan. 1, 2019, child support maintenance is no longer deductible in divorce. Gregg Herman discusses the issue, and what it means for families undergoing divorce – and who will be paying the price.

The formula for determining variable child support costs for shared placement between parents will change July 1, along with other child-support related rules. In this article, an attorney with the Wisconsin Department of Children and Families explains the changes.

Join seasoned veterans, new lawyers, family court commissioners, and judges as you gain insight into the ever-changing world of family law at the 2018 Family Law Workshop, Aug. 2-4, 2018, in Sturgeon Bay.

Dividing retirement accounts during a divorce is not a straight-forward process. To avoid post-divorce litigation, it is vital to do the proper work on the front end, says David Kowalski.

Three new laws affect family law matters regarding child removal procedures, deposition restrictions, and "Sara's Law."

The Wisconsin Supreme Court could hear a case, on bypass from the Wisconsin Court of Appeals, to decide whether a grandmother is entitled to additional visitation time with her granddaughter, including an annual weeklong vacation.

One of the first tasks the Wausau Metro Strong group did was look at ways to protect lawyers like Sara who take on contentious and difficult cases involving families and children, says attorney Lance Leonhard, deputy county administrator for Marathon County.

Governor Walker signed "Sara's Law," named after Attorney Sara Quirt-Sann, who was one of four people killed in a shooting spree in Marathon County March 22, 2017. Quirt-Sann was representing the shooter's estranged wife in their divorce case.

There are many hurdles and pitfalls when it is your job to find common ground with parents involved in custody disputes. Nancy Mills discusses her techniques to help parents overcome their issues and put their children first.

The Family Law Section is offering 12 scholarships to its Annual Family Law Workshop in Door County, on Aug. 2-4, 2018, at the Stone Harbor Resort and Conference Center in Sturgeon Bay.

A recent Wisconsin Supreme Court case makes it clear that being married affords far more legal rights under Wisconsin law.

With many family law litigants going without counsel, we need to be relevant to assist clients and add value to the divorce process, writes Margaret Hickey. One way to do that: Knowledge of elder law.

With more than 110 court-ordered out-of-state mental health residential care placements for youth in 2017, the lack of in-state options is of deep concern for many in the child welfare and juvenile justice systems. The upward trend is a disturbing one, says Eileen Fredericks.

Wisconsin's domestic partnership status ends on April 1. While current registrants retain their status and benefits, other same-sex couples can sign up by March 30.

The 2017 Tax Cuts and Jobs Act imposes sweeping changes in the tax code. Some of the most dramatic changes will affect taxpayers going through a divorce. David Karp discusses the changes that family law attorneys should be aware of.

Following the establishment of the Speaker's Task Force on Foster Care, a new legislative package of 13 bills, called Foster Forward, was introduced. Megan DeVore talks about the Foster Forward bills and their potential to bring significant changes to the child welfare system in Wisconsin.

Litigation is a costly endeavor – in time, money, and the stress involved. With more cases now heading first into mediation, what are some ways to maximize the chance of a durable resolution for both parties?

There are many unknowns about who will benefit from the new tax bill just passed by Congress. What it does for sure is hurt individuals getting divorced in maintenance situations.

Domestic abuse and violence survivors may seek representation in many types of cases in which the abusive power and control dynamic has a direct effect. These clients might have special needs during legal representation, whether or not the case involves the alleged abuser.

Limiting the scope of one's representation does not cure an unwaivable conflict of interest, such as representing both parties in a divorce.

New legislation targets procedural problems in applying the child removal law in divorce and paternity cases.

Two Republican legislators are sponsoring legislation that would make it easier to modify child custody and placement orders.

Helping your client through a divorce, adoption, or other family law issue is no easy task. There are many resources out there to help you make the task easier.

A man challenged a divorce decree, as well as property and maintenance awards, arguing that he and the petitioner were never validly married despite evidence that a Hmong marriage took place at a Thai refugee camp in 1980.

When you’re tracking down that perfect case to support your family-law client’s position, look in Family Law Casenotes and Quotes, newly updated with the latest cases on contempt, discovery sanctions, and more.

Whether your family law client is essentially self-represented or has hired you to do everything in the divorce, Family Law in Wisconsin: A Forms and Procedures Handbook gives you vital information.

The home environment, the degree of conflict between parents, and a child’s psychological makeup are key factors impacting children of divorce.

One advantage of the collaborative divorce process is it affords clients the opportunity to “expand the pie” rather than just divide it. That is, it gives clients a broader range of possible solutions that increase the value of complicated assets, such as pensions. The help of a neutral financial professional can be a key to more “pie.”

Effective estate planning for many rural Wisconsin residents is a matter not only of the typical goal of treating all heirs fairly but also the goal of ensuring that the family’s assets can continue for agricultural purposes by future generations within the family. The author lays out the types of farm-specific information a lawyer should gather from the client and offers a farm-client case study.

Many legal issues in family law can be resolved by applying a mathematical formula, such as for setting child support or spousal maintenance. When determining marital property for purposes of division, gifted or inherited property is excluded, unless excluding it creates a hardship for the noninheriting spouse. Determining “hardship” is an issue that requires a lawyer’s advocacy skills rather than a math equation.

The Deadman’s Statute dies on July 1, but a Business Court Pilot Project is born, along with rule changes that impact family law mediators and expand CLE options. Read about rule changes and orders effective July 1.

Get the latest update in termination of parental rights procedures with Termination of Parental Rights and Adoption, newly revised from State Bar of Wisconsin PINNACLE^®.

Learn a practical approach to handling family law cases that involve domestic violence issues at the 2017 Family Law Workshop, Aug. 3-5, in Sturgeon Bay.

Two recent family law cases address this question from different standpoints.

Advances in assistive reproductive technology are giving new options for parentage to individuals who are in same-sex marriages, are dealing with infertility, or both. But Wisconsin law is not keeping pace. To resolve disputes when a surrogacy agreement falls apart and grant parent status, the author proposes that Wisconsin courts use an “intended-parent” test.

On the 50th anniversary of the U.S. Supreme Court’s decision in In re Gault, which granted certain rights to juveniles accused of committing crimes, the author reviews today’s juvenile courts, considers how juvenile courts protect minors’ due process rights, and outlines defense lawyers’ obligations to juvenile clients.

An increase in older clients in divorce actions means family law lawyers face complicated and challenging evaluations for mental capacity.

Christopher Krimmer says a pet custody statute would provide courts and parties to a divorce with a clear legal standard – such as Alaska’s “well being of the pet” standard – of how to best recognize the special relationship that pets play in our families.

The Family Law Section is offering 12 scholarships to its Annual Family Law Workshop in Door County, on Aug. 3-5, 2017, at the Stone Harbor Resort and Conference Center in Sturgeon Bay.

New SCR 20:2.4(c), effective on July 1, 2017, allows lawyer-mediators to draft settlement documents in family cases. In the majority of cases, this rule will save time and money for parties, observes the author. However, in complex situations, this rule could create problems.

The new rule, with an expected effective date of July 1, 2017, will allow lawyers who mediate family law cases to draft, modify, complete, and file settlement documents. The rule will give divorcing couples more affordable options to come to a resolution.

Can post-judgment divorce disputes regarding custody and placement be delegated to third parties? If so, the question then becomes whether a party, who agrees to delegating these decisions, must have recourse to the court if that party wants to challenge the decision.

The holidays can be a tough time for non-placement parents who don’t live close to minor children, not to mention the children. In this article, Brandon Carlin explains the benefits and pitfalls of “virtual visitation,” also known as “virtual parent-time.”

Despite resistance to multidisciplinary practice 15 years ago, interdisciplinary teams of family lawyers, psychologists, social workers, and financial advisors are working together just fine, thank you.

Tom Watson says family law has become a more hazardous practice area. Learn about the dangers to increase the likelihood of having satisfied clients who understand their cases and willingly pay your fees.

While the proposed changes to Wisconsin Child Support Guidelines related to high-income formula make sense, other proposals seem to be solutions in want of a problem.

On behalf of the children in family court, the authors urge GALs and courts work together to consistently implement GAL guidelines to ensure a common experience county by county for parents, lawyers, and courts.

According to a recent appellate court decision, it is reasonable for a trial court to prohibit alcohol consumptions during periods of child placement. Your clients may resist your advice to avoid alcohol when resolving these conflicts.

Often, old age is accompanied by declines in cognition that can negatively affect an older person’s ability to engage in estate planning. But even when they don’t, beneficiaries might use a testator’s age and normal age-related behavior as reasons to challenge a will or other testamentary document. The growing number of older people with cognitive challenges will bring with it an increase in estate litigation.

The best family law practices will be built by combining old-fashioned networking with digital technology and a good website. However, lawyers who use online referral services need to be sure they are complying with Supreme Court Rules.

Lawyers, judges, and family court commissioners are invited to attend the annual workshop to learn the latest updates in family law.

David Nispel and Department of Employee Trust Funds colleagues discuss the steps to divide Wisconsin Retirement System accounts via domestic relations orders.

The Wisconsin Supreme Court concluded in In re Meister that a grandparent, great-grandparent, or stepparent need not prove a parent-child relationship in order to secure visitation rights under Wis. Stat. section 767.43(1). Will this decision expand grandparent visitation litigation in Wisconsin?

Intellectual property can be a significant element of a person’s estate, and for artists, that intellectual property likely will be copyright. For lawyers advising clients, identifying, and cataloging property consisting of copyright is particularly important – and challenging.

Don’t keep your loved ones in the dark about your end-of-life wishes. Download the State Bar’s planning guide, free to download through April 29.

Wis. Stat. section 767.75 now provides that all income assignments must be for a fixed sum regardless of whether the court-ordered obligation on which the assignment is based is expressed in the court order as a percentage of the payer's income. This means that if a stipulation is approved for a percentage expressed support amount, the order must be converted to a flat dollar amount for purposes of withholding.

After her son and daughter-in-law divorced, Carol Meister, who lives in Ohio, filed a motion seeking court-ordered rights to visit her four grandchildren. Recently, the Wisconsin Supreme Court clarified the standard to determine such rights.

The Family Law Section is offering 12 scholarships to its Annual Family Law Workshop in Door County, on Aug. 4-6, 2016 at the Stone Harbor Resort and Conference Center in Sturgeon Bay.

Every divorce lawyer has seen it – a domestic violence perpetrator who abuses the family pet as a way to inflict pain on a spouse or other family member. Act 253, while not a cure-all, offers protections for victims’ pets through DM orders.

Lawyers who treat negotiation as a traditional “take-it-or-leave-it” process of positional bargaining can leave a couple crafting a Prenuptial Marital Property Agreement to start their marriage at a place of distrust and negativity.

Jan. 20, 2016 – Unlike other areas of law, there is no “magic age” for when children have a right to be heard. For numerous reasons, we need train GALs not only on the substantive law, but on how to talk to children who are caught in the middle of family battles.

Jan. 6, 2016 – Is there a good alternative to hourly billing divorce clients? This author believes hourly billing remains the best option, but integrity in billing practices and attention to early settlement options just might save divorce lawyers from obsolescence.

Rene Von Schleinitz died in 1972. His will provided for a trust to hold land with “improvements,” including cottages on Cedar Lake in West Bend. Recently, a state appeals court ruled that “improvements” did not include septic and well systems serving a cocottage built and owned by Von Schleinitz’s daughter and her husband.

Dec. 2, 2015 – If you’re looking for that perfect case to support your family law client’s position, look in Family Law Casenotes and Quotes from State Bar of Wisconsin PINNACLE®, newly updated to include the latest cases on child support, property division, maintenance, and more.

A married same-sex couple attempting to challenge Wisconsin’s gender-specific “parent presumption” will have to wait for a future court to determine whether the presumption applies in same-sex marriage situations, an appeals court has ruled.

Oct. 21, 2015 – A subcommittee of the Supreme Court’s Planning and Policy Advisory Committee believes that the Rules of Professional Responsibility limiting mediator drafting in family law cases should allow for such drafting. If you have an opinion on this matter, here’s your opportunity for input.

A man named Douglas believes he could be the father of a baby born into a marriage. A circuit court dismissed his paternity action, but a state appeals court recently ruled that dismissal does not automatically mean “dismissal with prejudice.”

Sept. 16, 2015 – The number of Americans choosing to cohabitate instead of marry is at an all-time high for every age group. While Wisconsin does not recognize common law marriage, these “de facto marriages” often mimic traditional divorce cases when cohabitation relationships end.

Sept. 16, 2015 – Today, the trend is to settle – rather than litigate – family law cases. While settling is important, how the case is settled is just as important. Here are some resources to help you gain the skills to effectively negotiate a settlement.

No matter the number of beneficiaries or the size of the estate, family feuds about inheritances can result in permanent estrangement. Mediation is a cost-effective, efficient mechanism to resolve such disputes and mend and even strengthen formerly broken ties.

The Wisconsin Supreme Court will hear a case to examine whether the governor can nix rules promulgated by the state school superintendent, whether a Wisconsin Department of Justice employee was fired in violation of a state whistleblower law, and what gra ndparents must show to get grandchild visitation rights.

Aug. 5, 2015 – Brian Jensen of the Collaborative Family Law Council of Wisconsin and Diane Diel of Diane S. Diel S.C. respond to Gregg Herman’s July 15, 2015, InsideTrack opinion article, On Family Law: Collaborative Divorce Numbers Down, Why?”

A state appeals court has ruled that a spouse waived her right to invoke a presumption restricting child custody based on domestic abuse when she stipulated to joint custody of minor children in the original divorce proceedings with her husband.

June 17, 2015 – Stay in tune with the latest development and family law and enjoy a cocktail reception and a sunset cruise at the 34th annual workshop sponsored by the Family Law Section.

June 17, 2015 – How much income from a Sub S corporation can be used for child support and maintenance? A recent court of appeals holding in Biorgo doesn’t bring clarity to this confusing family law issue.

June 3, 2015 – Handling a divorce or post-divorce issues? Get the State Bar of Wisconsin PINNACLE’s best-selling reference on the subject, newly supplemented for 2015 – Family Law in Wisconsin: A Forms and Procedures Handbook.

May 6, 2015 – Could standards, similar to child support, work for spousal support? Earlier this year Illinois put into effect a statute for maintenance guidelines. Could it happen in Wisconsin? The author believes maintenance guidelines are a good idea if they are advisory, allowing for judicial discretion. Ignoring individual circumstances creates more harm than good.

Wisconsin’s family law statutes presume that a couple’s property will be equally divided at separation or divorce. Marital waste is one factor that may allow a deviation from this presumption, but different courts treat marital waste in various ways. Here are some strategies for effectively representing divorcing clients who may have wasted marital assets, or who believe their spouse wasted assets and are seeking compensation in support or the division of marital assets and debts.

Despite a conclusive genetic test, a state appeals court has ruled that the court correctly disregarded the genetic test and properly dismissed a potential father’s action to establish paternity because dismissal was in the child’s best interest.

Nov. 5, 2014 – Same-sex marriage is now the reality in Wisconsin. But lawyers and same-sex couples will still encounter many legal questions that are still unanswered. In this article, attorney Christopher Krimmer raises various legal issues and offers some solutions.

A mother must move her children back to Wisconsin and enroll them in a specific school district, according to a state appeals court decision, which agreed that Blenda Shulka did not adhere to the letter and spirit of the original placement order.

A federal appeals court ruling that said Wisconsin’s ban on same-sex marriage is unconstitutional remains intact, now that the U.S. Supreme Court has declined to consider seven petitions asking the nation’s high court to decide the issue.

Sept. 17, 2014 – Parents or legal guardians are vested with the power to make medical decisions for their minor children or wards, but this power is not absolute. In this video, Madison attorney Tyler Wilkinson highlights considerations for attorneys facing medical decision-making issues.

The U.S. Supreme Court may hear a case that challenges Wisconsin’s same-sex marriage ban, as well as bans in four other states. The petitions will get a first look at the end of this month when the Court convenes for a private conference.

A three-judge panel for the U. S. Court of Appeals for the Seventh Circuit has ruled same-sex marriage bans in Wisconsin and Indiana are unconstitutional. Wisconsin’s same-sex marriage ban was instituted as a constitutional amendment in 2006.

Bullying in school is particularly hard to combat, because children generally do not have the option of avoiding the problem by changing locations. Read how schools, parents, and communities are fighting back against bullying.

Public school students enjoy limited rights under the First, Fourth, and Fourteenth Amendments.

School boards have wide latitude in disciplining students, but there are risks when discipline is used inappropriately.

Learn about the Individuals with Disabilities Education Act, individualized education plans, and section 504 services.

Family and children’s law attorneys must determine whether a child is a U.S. citizen early in any proceeding to preserve a noncitizen child’s eligibility for citizenship or immigration status.

Parents or legal guardians are vested with the power to make medical decisions for their minor children or wards, but this power is not absolute. Recent Wisconsin Supreme Court decisions show that medical decision-making for minors can pose knotty legal and ethical dilemmas.

Editorial board members Michelle Leiker and Gretchen Viney introduce this special focus issue.

Gretchen Viney explains the process to obtain a minor guardianship under Wis. Stat. chapter 54.

Tanner Kilander says recent changes in state law entitle some teenagers leaving the foster care system to a few more years of help.

Michael Lueder urges lawyers to provide pro bono legal services to help children.

Medical decision-making for minors can pose knotty legal and ethical dilemmas for parents, health care providers, and lawyers. Tyler Wilkinson highlights considerations for attorneys.

When children are bullied, what should their families and their legal counsel do? That question is addressed in the September issue of Wisconsin Lawyer ™, a special edition that is dedicated to issues surrounding children and the law.

As incoming freshmen all over the state are getting ready to leave home for the first time and start classes, the State Bar of Wisconsin is issuing helpful reminders to new adults.

The Wisconsin Supreme Court has unanimously ruled that a Wisconsin's same-sex domestic partnership law does not violate the state’s constitutional ban on same-sex marriage, a ruling that comes amidst litigation challenging same-sex marriage bans in severa l states, including Wisconsin.

July 30, 2014 – An estranged wife is not considered a “surviving spouse” under the state’s wrongful death law, the Wisconsin Supreme Court has ruled in a 4-3 decision, meaning a father’s minor children are first in line to recover for his wrongful death.

July 16, 2014 – When couples divorce later in life, the divorce can impact the benefits that elderly ex-spouses may receive in their retirement years. In this article, family and elder law attorney Megann Hendrix discusses the issues and considerations in this area.

Wisconsin couples will be in legal limbo while the higher courts decide whether same-sex marriage bans are unconstitutional, and whether the Wisconsin marriages that did take place from June 6 to June 13 are valid.

A federal judge in Madison has ruled that Wisconsin’s constitutional marriage amendment, which doesn’t allow same-sex marriages to be recognized in Wisconsin, is unconstitutional despite an argument that federalism should prevail.

May 21, 2014 – If you’re handling a divorce or post-divorce issues, you need the State Bar of Wisconsin PINNACLE’s best-selling reference on the subject, revised and renamed in 2014 – Family Law in Wisconsin: A Forms and Procedures Handbook.

Bradley and Edith Brin divorced in 1992 after 35 years of marriage. At the time, a court ordered Bradley to pay spousal maintenance indefinitely. Recently, a state appeals court ruled that Bradley could stop paying alimony to Edith.

Wisconsin lawyers have more in common than their work with clients and ability to compose legal briefs, many also possess a desire to give back and help grow and cultivate the legal profession.

The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.

Attorneys are encouraged to volunteer to serve on newly created Legislative Council study committees. These special study committees provide a unique opportunity for legislators and members of the public to work collaboratively and deliberatively in the development of legislative solutions to complex issues.

Want to help high school students have the experience of a lifetime? Volunteer to serve as a member of a judging panel or general volunteer during the 2014 National High School Mock Trial Championship in Madison from May 6 to 10.

Rhinelander High School captured its 17th high school mock trial state title yesterday after defeating Shorewood High School in a very close final round judged by six members of the Wisconsin Supreme Court. The team will now advance to the National High School Mock Trial Tournament, May 8-10 in Madison.

The clearest conclusion to be drawn from the Wisconsin Supreme Court's decision in Rosecky v. Schissel, a surrogacy-agreement case, is that Wisconsin law concerning such agreements is still far from well-defined.

Help the State Bar of Wisconsin send a bill to the governor’s desk, which would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.

Students from 16 Wisconsin high schools recently advanced to the State Bar of Wisconsin’s 31st Annual High School Mock Trial State Tournament, a two-day event that starts March 9 at the Dane County Courthouse in Madison.

Feb. 5, 2014 – Whether you’re working with traditional family law principles or dealing with developing issues, you’ll quickly find the most relevant cases with the latest edition of PINNACLE Family Law Casenotes and Quotes.

Feb. 5, 2014 – The Wisconsin Records Management Committee updated or introduced 13 general, civil, and small claims forms. Forms became effective Nov. 21, 2013.

A State Bar of Wisconsin-backed bill that would return nonviolent 17-year-olds to juvenile court jurisdiction is making headway in the legislature and the political sphere with newly announced supporters and a unanimous vote of passage out of a senate committee.

More teams have signed up to participate in the Wisconsin High School Mock Trial Program than in previous years. This year, 111 teams will compete in the mock trial regional tournaments.

Valuing a marital estate and determining property division and spousal support in a divorce requires extra care when one of the spouses owns a business. Extra care is needed to protect the livelihood of the business owner and to ensure the non-business-owning spouse receives a fair share.

Federal benefits are now available to gay and lesbian couples who reside in Wisconsin but married in another jurisdiction, says Christopher Krimmer.

Want to refine your courtroom skills and delivery? Looking at procedure and performance from a different perspective, like that of a judge, can be very helpful, and the State Bar of Wisconsin has a perfect opportunity to do just that. You can take the bench while volunteering as a judge at the National High School Mock Trial Championship in Madison from May 8 to 10.

With several donations coming in over the past few weeks, the State Bar of Wisconsin’s National Mock Trial program is well on its way to achieving its ultimate fundraising goal of $200,000. To date, the State Bar has raised $138,000.

Circuit courts cannot place moving restrictions on divorced individuals with young children, so long as the ex-spouse does not move outside the state or move more than 150 miles away, according to a recent decision by a state appeals court.

After a strong start, the State Bar of Wisconsin's fundraising thermometer for the 2014 National Mock Trial Championship rests at $83,000, which is less than 50 percent of the necessary $200,000. Despite the stagnant funds, Wisconsin's National Mock Trial Executive Committee remains hopeful that they will reach their goal.

A Wisconsin millionaire whose income dropped significantly in 2011 must still pay at least $15,000 in monthly child support, a state appeals court has ruled.

Aug. 21, 2013 – On its face, a recent U.S. Supreme Court case only affects gay and lesbian couples in states that recognize same-sex marriage. But as Madison attorney Christopher Krimmer explains, the case also impacts couples in states that don’t, including Wisconsin.

Circuit courts can still void marriages after one spouse dies, the Wisconsin Supreme Court has ruled, meaning a petitioner can challenge a surviving spouse’s share of an estate on the grounds that the marriage should be voided.

Now that the State Bar of Wisconsin has introduced its new Our Courts Wisconsin program, groups are lining up to request that one or more of the presentations come to their city or county.

The State Bar of Wisconsin is set to host the National Mock Trial competition next spring, and organizers of the event are pleased to announce that they have received the largest donation to date – $25,000 – from the Wisconsin Law Foundation.

Can minor children sue for wrongful death when a parent is killed and leaves behind an estranged spouse? The Wisconsin Court of Appeals recently bypassed the question, asking the Wisconsin Supreme Court to decide.

Traditional surrogacy agreements are enforceable in Wisconsin, under a recent decision by a Wisconsin Supreme Court, binding surrogate-biological mothers who sign such contracts but later change their minds about giving up the baby.

July 3, 2013 – The U.S. Supreme Court has ruled in favor of a couple seeking to adopt a child whose father is a member of an Indian tribe, a decision that will likely impact parental termination cases in Wisconsin.

Assembly Bill 40 – more commonly referred to as the “budget bill” – passed through both legislative houses last week with only a few technical changes to the governor’s original proposal. Now the bill heads to Gov. Walker, so he can sign the bill into law.

The Wisconsin Supreme Court recently added two high-profile cases to its docket, one involving the controversial budget repair bill, the other a challenge to the state’s law recognizing domestic partnerships between same-sex couples who live together.

The Joint Finance Committee approved several provisions of the governor’s proposed changes to Medical Assistance (MA) in an omnibus motion during yesterday’s final finance committee meeting.

Two of the State Bar of Wisconsin’s lobbying sections are actively opposing elements of the governor’s budget bill on the grounds that the provisions will negatively affect their clients.

Acknowledging the case “raises thorny questions,” a Wisconsin Supreme Court majority recently ruled that Wisconsin’s statute of repose did not bar a plaintiff’s action to collect a half-interest in her ex-spouse’s retirement pension.

April 17, 2013 – Most Americans have not exercised their right to make decisions about their health care in the event that they cannot speak for themselves. Elder law attorney Ben Adams points viewers to the State Bar’s consumer guide, A Gift to Your Family, as a great tool to start the conversation. The State Bar is offering free electronic access to and special discounts on this resource through April.

April 17, 2013 – In March 2013, State Bar of Wisconsin PINNACLE® released the latest supplement to Advising Older Clients and Their Families Vol. 2 – available both in print and online – has been updated by some of Wisconsin’s most experienced elder law attorneys.

April 15, 2013 – Governor Walker has officially proclaimed April 16 as Healthcare Decisions Day in Wisconsin.

April 9, 2013 – Finding a medical decision maker, and ensuring that they know you and your values is the key to successful end of life planning. It’s also the core message in a new video produced by the State Bar of Wisconsin.

April 9, 2013 – Finding a medical decision maker, and ensuring that they know you and your values is the key to successful end of life planning. It’s also the core message in a new video produced by the State Bar of Wisconsin.

Jury trials in CHIPS, JIPS, and TPR proceedings, although a statutory entitlement, do little to promote the judicial systems goal of fostering and protecting the best interests of children.

The Wisconsin Supreme Court, by a 4-3 majority, has ruled that a Dane County woman will have another shot to keep her kids because of erroneous lower court rulings that prevented her from presenting evidence to a jury.

The State Bar of Wisconsin’s Indian Law Section is seeking feedback on its plan to file an amicus curiae brief in a U.S. Supreme Court case, Adoptive Couple v. Baby Girl, brought by a couple who attempted to adopt a Native American child.​

Latrice Milton has transformed the way she practices family law, taking a holistic approach to clients’ divorce issues and needs.

Feb. 20, 2013 – The U.S. Supreme Court has agreed to hear a rare child custody case involving the attempted adoption of an Indian child by a non-Indian couple, which implicates the federal Indian Child Welfare Act and could impact Wisconsin law.

Jan. 2, 2013 – In 2009, Wisconsin passed a domestic partnership law granting certain rights to same-sex couples who live together. A lawsuit challenged the law as unconstitutional. Recently, a state appeals court upheld the law in a case likely headed for the Wisconsin Supreme Court.

Dec. 4, 2012 – Gustavo Montalvo returned to Wisconsin after several years to learn that his wife divorced him and sold the house they owned. He wasn't aware of these events, and he never signed the real estate documents allowing transfer of the house.

Nov. 7, 2012 – The recent shooting in Brookfield highlighted a stark reality in Wisconsin: Domestic abuse remains a real problem with the potential for devastating consequences. As courts and domestic abuse agencies aim to break the cycle, lawyers can help victims remain safe.

July 6, 2012 – The Wisconsin Supreme Court has voted to accept ten new cases, including a case involving two parents convicted of reckless homicide after using prayer to treat their 11-year-old daughter's diabetic condition over a two-day period in March 2008.

Marriages and marriage-like relationships between same-sex individuals are becoming more common, but the widespread lack of legal sanction for same-sex marriage means that gay and lesbian individuals must act cautiously when separating their relationship bonds.

July 5, 2012 – Seasoned family law practitioners recently presented a wealth of information on "handling a basic divorce." This article highlights the major issues, with practical tips.

June 21, 2012 – The Wisconsin Supreme Court may soon decide whether Wisconsin courts can "void" marriages after a spouse has died despite the state's annulment statute, which does not allow marriages to be "annulled" after a party to the marriage has died.

June 20, 2012 – Employee benefits issues can cause unintended consequences in divorce actions, according to attorney Daniel Welytok. In this article, the Milwaukee lawyer discusses a landmine issue involving disability pension payments subject to a marital settlement agreement.

Married couples' retirement plans may be among their most valuable and complicated assets. Appraising plan values correctly for a fair division at divorce is a challenge many attorneys do not feel qualified to undertake. This overview of retirement plans will give attorneys a deeper understanding of clients' assets.

Too often, the child welfare system focuses on false issues, engenders adversarial rather than collaborative relationships, and delays addressing the real issues: timely resolving the safety and permanency issues crucial to a child's welfare. We must refocus the system for the sake of children and their families.

June 6, 2012 – Family law practitioners wishing to collect their fees as a potential creditor in a bankruptcy matter need to understand how the bankruptcy court views such debts. In this article, Milwaukee attorney Nathan Zimmermann provides insight based on a recent federal case.

April 4, 2012 – The Wisconsin Supreme Court may decide whether the state's statute of repose bars a former spouse from receiving one-half of her ex-husband’s retirement pension.

April 3, 2012 – Agreements that require one parent to make minimum "floor" child support payments to the other parent for a period of time, without modification, will generally be upheld, the Wisconsin Supreme Court clarified in a recent decision.

April 18, 2012 – The public comment period on the U.S. Department of Labor's recently issued proposed changes to the federal Family and Medical Leave Act (FMLA) regulations, related primarily to military family leave and airline flight crew eligibility, will close on April 30, 2012. The following highlights the significant changes proposed by the Department of Labor.

Parties to surrogate-parenting arrangements typically enter into agreements that spell out each party’s expectations and responsibilities. However, Wisconsin law is insufficiently developed to ensure adequate enforcement of such agreements.

Jan. 26, 2012 – A dying man's wish to forgive several debts cannot be granted, a state appeals court has ruled.

Jan. 4, 2012 – The Wisconsin Judicial Benchbook series is among the best sellers of the State Bar of Wisconsin PINNACLE^™ publications. The 2011 revisions and supplements for each of the five criminal and traffic, civil, family, juvenile, and probate, guardianship and mental health volumes include statutory amendments and case law developments occurring since the 2010 supplements.

InsideTrack

Dec. 21, 2011 – Individuals who are required to report suspicion of child abuse now have greater protections under a new law that took effect earlier this month. Milwaukee attorney Barry W. Szymanski advises lawyers who represent school districts or individuals subject to mandatory reporting requirements to take note of the changes.

Nov. 23, 2011 – Today, Wisconsin Gov. Scott Walker signed into law legislation that allows parents with legal custody of a child to delegate parental authority to a third party through a power of attorney (POA), along with other child-related legislation.

Nov. 10, 2011 – In Wisconsin, the "forfeiture rule" prevents parties from raising new legal arguments on appeal that were not raised at the circuit court level. Application of the rule is no different for self-represented (pro se) litigants, a state appeals court recently explained.

Nov. 2, 2011 – 2011 AB 30 expands the legal tools available to parents who need assistance in caring for their children. Randi Othrow and Dyann Hafner explain that parents struggling with medical, emotional, or addiction issues may designate an appropriate adult to care for their children as may parents who are sentenced to jail, are in the military, or are away from home because of other responsibilities.

Wisconsin's new power of attorney for finances provides more guidance for agents and protection for principals. Still, some uncertainties remain as to the meaning and effect of the law that created the new POA.

Aug. 17, 2011 – Clients come to your door after getting divorce advice from Aunt Minnie, the neighbor, and do-it-yourself websites. How do you help your clients understand that their "tunnel vision" gets in the way of their long-term best interests?

Aug. 5, 2011 – The District IV Wisconsin Court of Appeals clarified that when Wisconsin's "special grandparent visitation provision" applies, petitioning grandparents need not show a "significant triggering event" occurred in order to seek visitation rights of a nonmarital grandchild.

Losing one's parental rights is a serious matter, which is why representation by counsel and appearance and participation by parents is required in termination of parental rights litigation. But defense counsel face an ethical dilemma when a court denies a motion to withdraw because a parent’s conduct makes it impossible for counsel to provide adequate representation. To continue representation violates professional conduct rules. To not continue representation violates statutory law. It's a "Catch 22."

In part two of this two-part article on women lawyers balancing work and life, the author discusses the advantages to law firms of embracing the move to greater diversity of employees and clients.

July 28, 2011 – Some states divide professional goodwill into two components – "personal goodwill" and "enterprise goodwill" – and exclude personal goodwill from the divisible marital estate at divorce. The Wisconsin Supreme Court recently clarified that Wisconsin isn’t one of them.

July 20, 2011 – For more than 30 years, the System Book for Family Law has guided Wisconsin attorneys and their support staff through the divorce process and enabled them to offer high-quality representation to their clients. State Bar of Wisconsin PINNACLE™ now offers the newly revised seventh edition of this time-honored resource.

July 20, 2011 – In this article, attorney Timothy Stewart explains how qualified domestic relations orders (QDROs) can be a useful tool in procuring delinquent or current child support and maintenance payments, as well as the tax benefits in using them.

June 15, 2011 – Family law attorney Dominic J. Anderson, discusses his support for Assembly Bill 54, arguing that it seeks to equalize physical placement between parents to the highest degree, while also seeking to create a lower burden for modifying placement. This is part two in a two-part pro-con examination of the legislation.

June 15, 2011 – Family Law attorney Michele Perreault discusses her opposition to Assembly Bill 54, arguing that it minimizes the best interests of a child to promote a political goal of equal participation. This is part one in a two-part pro-con examination of the legislation.

May 24, 2011 – A father who did not maintain a "substantial parental relationship" with his child served as grounds for involuntary termination of his parental rights, the Wisconsin Supreme Court recently concluded.

May 18, 2011 – In this video, attorney Meg Kurlinski outlines the differences between the federal and Wisconsin family and medical leave laws. Wisconsin's law, often a trap for unwary lawyers, provides greater rights to employees than the FMLA.

May 4, 2011 – Wisconsin lawyers need to understand both the federal and the Wisconsin Family and Medical Leave acts when advising clients on family and medical leave, because they have different provisions. Attorney Margaret Kurlinski offers five tips to identify differences in eligibility and the type and amount of leave available.

April 25, 2011 – The Wisconsin Supreme Court accepted review of six new cases, including one that asks the court to decide whether appeals court judges violate due process by sanctioning lawyers for allegedly filing false certifications regarding an appendix to an appellate brief.

Feb. 11, 2011 – When a parent pleads no contest to a ground for parental termination, it is not necessary for the court to inform the parent that he or she is giving up a constitutional right to parent, or to inform the parent of potential but improbable dispositions.

Jan. 24, 2011 – If court order removes a child in need of protection or services (CHIPS) from a parent’s home but the order is terminated within three months, a court may not permanently terminate parental rights based on abandonment.

Jan. 11, 2011 – After the divorce, Michael May agreed to pay Suzanne May no less than $1,203 per month in child support for no less than 33 months. But after 17 months, May requested a downward adjustment to account for an involuntary loss of employment.

Dec. 10, 2010 – Interpretation of an insurance policy provision is a question of law for the court to decide, "not an academic exercise in sentence construction." That’s what deputy chief Judge Gregory Peterson of the District III Wisconsin appeals court declared in a recent case involving an insurance dispute.

Dec. 1, 2010 – The State Bar of Wisconsin PINNACLE™ third edition of the Wisconsin Juvenile Law Handbook is now available. The book describes the rights and roles of various parties in juvenile court; discusses the initial considerations of jurisdiction and venue; covers prehearing, hearing, and postdispositional phases of a juvenile case. The book also examines criteria to hold a child or expectant mother in custody; the conduct of discovery and motion practice, and much more.

In 2006, the Wisconsin Legislature made significant changes in Wisconsin law to address abuse against elderly people and younger vulnerable adults.The authors analyze the effectiveness of the new individual-at-risk restraining order, based on the results of a study looking at the first 30 months of the order’s availability.

Oct. 20, 2010 – State Bar of Wisconsin PINNACLE™ codebooks put relevant law at your fingertips, in your briefcase, or at your desk. Each codebook contains the critical statutes, regulations, and other materials for specific areas of law, in easily managed paperbound volumes. Discounted member prices range from $4.50 to $23.75.

Oct. 13, 2010 – Among the 18 new cases slated for review by the Wisconsin Supreme Court is a high-profile case in which the court will decide whether sentencing a 14-year-old to life imprisonment constitutes cruel and unusual punishment.

Sept. 15, 2010 - State Bar of Wisconsin PINNACLE™ has just issued the latest supplement to The Guardian ad Litem Handbook, a one-of-a-kind reference devoted exclusively to the role of the guardian ad litem (GAL) in Wisconsin.

Sept. 15, 2010 – Helping your clients understand the various divorce processes just got a lot easier. Choosing a Process for Divorce, a seven-page pamphlet developed by the Family Law Section, educates the public about mediation, collaboration, lawyer negotiation/litigation, and pro se options. The newest addition to the State Bar's consumer pamphlet series, this easy-to-read brochure gives a brief explanation of each process, lays out the typical scenario each process follows, and includes bri

July 7, 2010 – Family Law Casenotes and Quotes has been an indispensable resource in making family-law cases more accessible and understandable for hundreds of Wisconsin attorneys and judges over the past 20 years. The book's authors – attorney/mediator Thomas A. Bailey of Whitefish Bay and circuit court commissioner Laura Lau of Waukesha County – have updated the book regularly three times a year and have now revised the book in a second edition, published by State Bar PINNACLE Books in June 2010.

A recent empirical study in Waukesha County looked at why divorce litigants might choose to represent themselves and whether pro se representation affects the incidence and amount of spousal maintenance in divorce. The results suggest how pro se trends affect family law practitioners in the 21st century.

Wisconsin’s new uniform power of attorney for finances and property law, which becomes effective Sept. 1, 2010, provides clarity regarding POAs, encourages acceptance of POAs while protecting those who accept them, protects the principal in several important ways, offers guidance to agents, and provides a statutory form.

Should a feeding tube be withheld if the patient is conscious?

April 12, 2010 – A court cannot modify sua sponte the physical placement order of a child under Wis. Stat. section 767.451(3), the appeals court concluded last week.

March 16, 2010 – In Kelly v. Kelly (2009AP852, Mar. 11, 2010), the Wisconsin Court of Appeals reversed and remanded the judgment of the Rock County Circuit Court on the disposition of property and a pension payment in divorce.

E-09-04 discusses rules governing lawyers in dual roles.

Jan. 14, 2009 – The Wisconsin Court of Appeals held that a family court may authorize grandparents to visit their grandchildren for periods of time as long as those granted by a physical placement order in a divorce.

Jan. 5, 2010 – If a county hires a lawyer to serve as both a family court commissioner and as a guardian ad litem, the two roles could conflict, according to a new opinion from the State Bar’s Professional Ethics Committee.

Dec. 2, 2009 – State Bar CLE Books Voluntary Termination of Parental Rights and Adoption, written by longtime attorney and children’s-rights advocate Judith Sperling-Newton, is a practical resource that guides practitioners through the essential procedures of such cases. The second edition was released in November 2009.

2009 Wisconsin Act 28 defines state employee domestic partnerships and same sex domestic partnerships and governs relationships between partners. The Act affects many areas of the law, but its provisions are not comprehensive. This article lists many of the statutes the Act affects, identifies some of the many provisions governing the relationship between spouses that the Act does not directly affect, and addresses several situations in which couples can benefit from advance planning.

Nov. 3, 2009 – The Wisconsin Supreme Court considered whether the 2006 “marriage amendment” ballot measure presented voters with more than one question in violation of the state constitution.

Oct. 13, 2009 – In 1989, the Wisconsin Court of Appeals held that an insurance provision in a divorce stipulation had to be “support related” if a court imposed a constructive trust over the insurance proceeds. Recently, the court of appeals limited its ruling to the facts of that case.

Sept. 2, 2009 – The Family Law Section has developed a brochure, Choosing a Process for Divorce, that educates the public about choosing a process for divorce – mediation, collaboration, lawyer negotiation/litigation, or pro se. The brochure explores each of these options and gives a brief explanation of each process. Choosing a Process for Divorce lays out the typical scenario each process follows and includes brief explanations outlining why different options may be used based on the couple’s specific

Aug. 19, 2009 – A challenger to the constitutional amendment prohibiting same-sex marriage in Wisconsin charges that voters were asked to consider two unrelated questions in violation of the constitution’s “separate amendment” rule. In its brief, the Wisconsin Attorney General disagrees.

Aug. 6, 2009 – The Wisconsin Supreme Court held that a civil litigant has no right to a jury trial unless a statute expressly provides one, or the cause of action dates back to common law at the time of the state constitution’s adoption. Dissenters said this unsettles the status of many jury trials.

July 29, 2009 – An attorney who advised that a client could ignore a stipulation in the client’s divorce judgment is liable for aiding and abetting the violation of a court order. But dissenting justices argue the stipulation lacks such force when it exceeds the court’s subject matter jurisdiction.

July 1, 2009 – Meandering through the legal system for parents and children is sometimes confusing and frustrating, and often the guardian ad litem (GAL) is the only attorney these parties can turn to. One of the more difficult questions a parent may ask a GAL is, "At what age can a child choose their
own placement?"

July 1, 2009 -- The Wisconsin Records Management Committee updated 17 and introduced three civil, criminal, general, and juvenile forms. All forms were effective April 2. 

July 1, 2009 – Some circuit court filing fees across Wisconsin have increased effective July 1 as part of the new budget drafted by the Legislature and approved by the governor. A schedule of the fees is publicly available from the courts system.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

April 15, 2009 - The 2009 Wisconsin Equal Justice Conference will bring together community representatives committed to ensuring civil equal justice for the poor and disadvantaged. The conference will take place on April 28, at the U.W. Pyle Center in Madison.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

March 4, 2009 – The Wisconsin Records Management Committee updated or introduced, effective Jan. 8, 2009, more than 50 civil, family, guardianship, and probate forms.

March 4, 2009 – The 2009 Wisconsin Equal Justice Conference will bring together community representatives committed to ensuring civil equal justice for the poor and disadvantaged. The conference will take place on April 28, at the U.W. Pyle Center in Madison. At this event, organized by the State Bar of Wisconsin’s Legal Assistance Committee, attendees will explore innovative models that lawyers, courts, and other organizations are using to move Wisconsin closer to equal justice under law.

March 4, 2009 – Many divorcing spouses try to hide assets, and some get away with it. Two recent Wisconsin Court of Appeals cases reveal foolish schemes, how they backfired, and what they cost the "hiding" spouse. Read Thomas A. Bailey's tips for discovering those hidden assets.

At its Dec. 5 meeting, the State Bar Board of Governors voted to solicit input from members as it explores judicial recusal reform options. The varied considerations surrounding this issue demand that the State Bar’s position on recusal standards be carefully designed to balance a range of policy and practical considerations.

Two Madison attorneys have accepted nominations to run for 2009 State Bar president-elect. James C. Boll Jr. is a corporate attorney for Madison Gas & Electric Co. and James R. Troupis is a partner with Michael Best & Friedrich. Nominees for treasurer are Margaret Wrenn Hickey and Kevin J. Lyons, both of Milwaukee, Nominees for Judicial Council are Mary E. Burke, Madison, and Tom Bertz, Stevens Point.

Dec. 4, 2008 – The Board of Bar Examiners has announced that Wisconsin lawyers who must report their CLE credits this year have an additional month to do so. CLE credits still must be earned by Dec. 31. The BBE has extended the filing date to March 2 due to time considerations in the course approval process. The inclusion of ondemand courses has significantly increased the administrative burden on the BBE.

The Wisconsin Supreme Court held that compensatory awards are available where the damages are shown “to a reasonable certainty” and that intentional infringement invites punitive damages. The court also held that a contract providing for recovery of attorney fees can extend to non-contract actions such as trademark infringement.

On Nov. 21 the FDIC clarified the Temporary Liquidity Guarantee Program to include Interest on Lawyer Trust Accounts. Consistent with its mission to ensure stability in the banking community, the FDIC has acted to protect client funds and assure continued funding for programs that provide legal aid to poor people when economic uncertainties make the need for legal guidance most critical. As a result of this action, an individual client’s funds deposited in IOLTA are fully insured regardless of the amoun

For many years, Daniel W. Hildebrand contributed to Wisconsin legal literature by annually describing those Wisconsin appellate decisions that he viewed to be most significant. Attorney Hildebrand passed away in late 2007; these authors, both former supreme court clerks, are attempting to pick up the Hildebrand torch.

Unique issues arise when a business owner is a party in a divorce action, including valuing the business and determining income available for support or maintenance. Here is a basic overview of the issues for attorneys representing either the business owner or the nonmanaging spouse.

The State Bar My CLE Tracker’s newest feature takes the guesswork out of determining whether CLE credits have been approved or are awaiting approval. CLE Tracker automatically provides a list of State Bar courses members have attended.

Today is Law Day and the State Bar Young Lawyers Division (YLD) is celebrating by sending attorney volunteers into classrooms to help educate students about the legal system and the legal profession. The YLD believes it is important for students of all ages in both public and private schools across Wisconsin to have the opportunity to meet and ask questions of practicing attorneys.

At an open administrative conference on April 15, the Wisconsin Supreme Court tentatively adopted in principle the concept of the discretionary transfer of civil cases to tribal court as requested in Petition 07-11. A public hearing was held on Jan. 8, 2008. The court has received feedback since that hearing from the State-Tribal Justice Forum, Legislative Counsel Special Committee on State-Tribal Relations, and the Department of Justice.

The Marital Property Act extends beyond the split of assets and liabilities at divorce. Failure to know the Act's remedies and protections may expose a divorce client to liability or prevent collection of a debt that otherwise would be paid.

The rise in family responsibility and caregiver discrimination claims attests to the struggle to balance family and work life amid the changing demographics of the American workplace. Because these claims likely will increase, lawyers need to recognize potential claims and advise their business clients appropriately.

Recent research into human brain development and statistics that show minority juveniles have more frequent contacts with and severe consequences in the juvenile justice system raise questions about the system's fundamental fairness.

The Marital Property Act extends beyond the split of assets and liabilities at divorce. Failure to know the Act's remedies and protections may expose a divorce client to liability or prevent collection of a debt that otherwise would be paid.

I worry about handling transactions between a client’s family members. On the one hand, each should have his or her own attorney, but on the other hand, in most such transactions separate representation will simply cost the family more. This is especially troubling when I have represented members of a family for many years. How can I serve the family as a unit, and still protect myself and remain ethical?

The legislature has given foster parents certain rights when seeking to continue to care for a child. Attorneys representing foster parents need to understand the issues their clients face when a foster child is removed to another foster placement or returned to a biological parent. The author discusses issues affecting foster parents in such situations, including notice, standing, procedure, and discovery.

The new fee and trust account rules became effective July 1, 2007. Here, the authors address hourly and flat fee engagements for lawyers, the new opportunity for lawyers to outright deposit advanced fees – whether flat fees or hourly fees – into their general business account, and the changes to the rules that most affect family and criminal law practitioners. Sample end-of-representation letters are included.

Every year, more than 1,000 clients with identified legal needs and the ability to pay for legal assistance are unable to obtain a referral to an attorney through the State Bar’s Lawyer Referral and Information Service (LRIS) because there are no LRIS panel attorneys in the counties where callers need help.

Unmarried couples face many of the same concerns as married couples when planning their estates, but unmarried couples also face special challenges.

About one in six Wisconsin divorce cases requires division of Wisconsin Retirement System (WRS) benefits, and most family law practitioners will encounter the WRS plan at some time.

The impact of an improper pension division can be devastating for clients, because they may lose out on the pension benefits altogether, and for family law practitioners, because they may face a minefield of malpractice claims and disciplinary actions. Learn how federal and state laws intersect with pension plans so you can protect your clients' economic future and avoid malpractice issues.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

The State Bar Elder Law Section's more than 10 year Guardianship Reform Project has become law along with major reforms in reporting and responding to abuse and neglect of adults at risk and adult placement services and placement. If you represent clients who are elderly or have disabilities, or the agencies and facilities that serve them, have elderly parents or loved ones with disabilities, or if you plan to age yourself - read this article to learn about critical changes in the law.

The Deficit Reduction Act of 2005 (DRA) is the most comprehensive change in the Medicaid laws since 1993. In 1993, with an aging U.S. population and rising nursing home costs, Congress passed the Omnibus Budget Reconciliation Act of 1993 (OBRA '93). OBRA '93 contained provisions that required states to try to recover the cost of Medicaid benefits paid, by passing new state laws mandating estate recovery and liens on homes.

The examples below examine how typical fact scenarios would have played out under the policies in effect before the Deficit Reduction Act of 2005 (DRA), and how they would work following the enactment of the DRA.

The author looks at issues of fairness and advocacy when lawyers deal with unrepresented people and discusses the related Ethics 2000 Committee recommendations that are pending before the Wisconsin Supreme Court.

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.

In an opinion issued on July 7, Grant County Department of Social Services v. Unified Board, the Wisconsin Supreme Court adopted a series of standards for Wisconsin courts to follow when considering transfer of interstate guardianships to avoid conflicting with current state residency laws.

Space does not permit a more complete discussion, but the holdings of these other informative cases are summarized below.

While the Schiavo case arose in Florida, it raises profound ethical questions and important legal issues nationwide. This article outlines the facts and legal issues of the Schiavo case and examines how such a case might have been decided in Wisconsin.

On Wednesday, November 17, 2004, attorneys for Legal Action of Wisconsin filed a petition (Kelly v. Warpinski) requesting that the Wisconsin Supreme Court take original jurisdiction of an action for declaratory judgment by the Court that sections 21(2), 1, and 22 (1) of Article I of the Wisconsin Constitution provide the right to counsel to impoverished suitors in civil actions in Wisconsin.

Attorneys statewide are encouraged to register for LRIS. Expert advisers in all types of practice are needed - particularly in family and criminal law. Attorneys are needed urgently in the following counties.

To remind Wisconsin families about the importance of preparing for future health needs, the State Bar of Wisconsin has scheduled a series of Life Planning Hotlines to be conducted throughout the state during the next few months.

The "Build Your Practice: Handling a Basic Divorce" seminar offers step-by-step strategies and techniques to guide attorneys through the emotionally charged process of divorce - from the initial interview to preparation for court, through post-judgment issues.

State Bar CLE Seminars' new program, The Ultimate Family Law Dream Team: Teaming Up With Your Legal Staff to Get the Job Done, is designed to help family law practitioners develop a team - attorneys and staff - to meet the demands of drafting pleadings, conducting discovery, attending hearings, preparing cases for trial, and maintaining communications with clients.

The revised guidelines are effective for orders established after Jan. 1, 2004, and affect the shared-time formula and high- and low-income payers and clarify definitions, among other changes.

The long-awaited administrative rule modifying the Department of Workforce Development (DWD) 40, Wis. Admin. Code, child support guidelines has been allowed to advance by the legislative committees reviewing the rule.

In his annual feature, the author highlights what he believes are significant Wisconsin Supreme Court and Court of Appeals decisions for the year 2002.

NOTICE IS HEREBY GIVEN that pursuant to ss. 49.22 (9) and 227.11, Stats., the Department of Workforce Development proposes to hold three public hearings to consider changes to chapter DWD 40, relating to the child support guidelines.

Changes to the Children's and Juvenile Justice codes harmonize Wisconsin law with the requirements of the Adoption and Safe Families Act.

Figures for Budget Reform Legislation Enacted.

Legislative Council study committees are set to review Wisconsin's OPEN RECORDS LAW, public health system response to terrorism and public health emergencies, RELATIVE CAREGIVERS, MENTAL HEALTH PARITY, and other major issues and problems identified by the state legislature..

A malpractice lawyer's view: The contract between the collaborative divorce lawyer and the other spouse creates malpractice risks. The collaborative divorce argument: working together, family law practitioners can surmount technical challenges and substantive concerns about the collaborative process.

Working together, family law practitioners can surmount technical challenges and substantive concerns about the collaborative process.

In collaborative divorce, there is no direct professional relationship to the other spouse. In the actual CD process, each party knows which attorney is theirs. There is no blurring of the attorney-client relationship.

Effective July 2, any person applying for a U.S. passport on behalf of a child under 14 must demonstrate that both parents consent to the issuance of a passport or that the applying parent has sole authority to obtain one.

On July 1, SCR 35 goes into effect. This new rule requires that all attorneys who wish to serve as guardians ad litem (GAL) in family court must complete 6.0 credits of guardian ad litem training over two reporting cycles, with a lifetime maximum of 30.0 credits.

Starting as a new lawyer with no family law experience, Max T. Stephenson shares insights from his 12-year career path building a successful family law practice.