In recent years, many states have begun to recognize the importance of the relationship between children and adults who may not necessarily be their parents. In many cases, there are other adults in many childrens’ lives who provide care and guidance. These adults might be other family members, like aunts, uncles, or grandparents, or they may even be step-parents. Under certain circumstances, these individuals -- especially grandparents -- may be able to have visitation rights granted to them when a parent withholds their child. 

When Do Visitation Rights Apply?

There are only limited situations in which a grandparent might be granted visitation with their grandchild. Parents have a right to be able to raise their children without governmental interference. The limited nature of the third-party visitation statute is intended to protect that right by establishing the presumption that a parent’s decision to deny visitation by a grandparent is in the child’s best interest. However, a grandparent may be able to be awarded visitation rights if the child’s parents are going through divorce proceedings, one or both of the child’s parents are deceased, or the child’s parents were never married.

Special Grandparent Visitation

If a grandparent wishes to petition for visitation, they have the burden of proving that all of the following elements are true:

When you get married, you expect to be with that person for the rest of your life and live happily ever after. Unfortunately, that kind of fairytale love does not come around very often. In many cases, couples end up succumbing to divorce and end up having to split all of their assets that they acquired during the marriage. Wisconsin follows a rule of equal division, which means that a couple’s marital property is divided in half in most cases.  which simply means that the judge will make a decision based on the facts surrounding the case. Some of the most contested issues are those dealing with finances. If you are close to retirement age, you may be concerned with how your retirement plans will be affected. Thankfully, dividing retirement accounts in Wisconsin can be completed with little to no damages. 

Determining if Retirement Accounts Are Marital or Nonmarital Property

In Wisconsin, the first thing you should do before dividing your assets is to determine which assets are subject to division. Any property that either spouse brings into the marriage, along with a few exceptions for property acquired during the marriage, is not subject to division and will remain that spouse’s property. Exclusions from the marital property include any property that was acquired as a gift, property that was acquired because of death or inheritance, or any funds that come about as a result of such property.

Many times, couples do not jump directly from being married to getting divorced. In most cases, a couple who is unhappy with their marriage will go through a period of separation before they file for divorce, even if that separation is not legally recognized. While this can be a good way for couples to determine whether or not they are actually ready for a divorce, it can also be a very important period of time for the couple’s finances. In Wisconsin, marital property is divided using “community property” theories. This means that each spouse is entitled to half of the marital estate, but that the marital estate is composed of all assets that either spouse owns, regardless of when they acquired that asset. Because there are such high stakes when it comes time to divide your property during a divorce, managing your finances prior to that is crucial. If you are currently separated from your spouse but are planning on filing for divorce, here are a few things you should keep in mind during your separation period:

• Understand that your living situation will likely change. Many people do not want to come to terms with it, but after you are divorced, your standard of living is very likely going to change. Many households are dual-income households, meaning both partners work, allowing them to have a lifestyle that cannot usually be maintained with one income.

• Put together and follow a post-divorce budget. Because of this, it is important that you begin to plan for your finances after your divorce is completed. Putting together a budget not only gives you an idea of how much you will need each month to live, but it can also help you understand what your bare minimum needs are when negotiating property division with your spouse. 

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One of the most important aspects of any divorce involving children is creating your parenting plan to outline certain agreements that you and your spouse have made concerning the children. In Wisconsin, once you have entered a court order detailing things such as child support and parenting time, that order is legally binding and requires cooperation from both spouses. It can be extremely frustrating when your ex does not abide by the terms of the agreement that you have. However, as a court order, there are certain steps that you can take to combat noncompliance from your ex.  

Filing a Motion to Enforce Physical Placement Orders in Wisconsin

Any parent can file a motion to have their physical placement orders enforced in Wisconsin, as long as certain conditions are met. In your motion to the court, you must state your name and show that you have been awarded periods of physical placement of your child, the name of your child’s other parent and that you have had one or more periods of physical placement denied or substantially interfered with by the other parent. Once you have filed the motion with the court, you must then serve the motion to the other parent.

Even though a divorce, for most people, is an emotional and often painful process, it is important to remember that it is first and foremost a legal process. Much of the divorce process is used to untangle the complicated web of finances that many couples find themselves in. Even so, it can be overwhelming for the average person to sort through compiled financial data, especially in the case of high-asset divorces. Divorces involving expensive or large assets can often also result in conflict, increasing the risk that spouses will be uncooperative with one another. Forensic accountants are often hired in high-asset divorces to analyze the couple’s financial records and in turn, ensure the property and debt division process is fair and balanced.

Some people do not realize the value that a forensic accountant can bring to a contested divorce, but there are various ways in which a forensic accountant can be helpful: