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Recent Blog Posts
Can I Fire My Wisconsin Divorce Attorney?
Choosing a divorce attorney is an important decision that can have an impact on your life long after your Wisconsin divorce is finalized. While Wisconsin state law is the same for every divorcing couple, the advocacy of a great divorce lawyer can make a major difference in the quality and outcome of both the divorce process and the final divorce decree. If you are unhappy with your current attorney, you may want to make a change; here is an overview of the process.
Common Reasons People Fire Their Divorce Lawyers
Ideally, your attorney will work hard on your behalf and respond to you in a timely manner. They should show interest in your case and be advocating for your best interests. Unfortunately, attorneys are normal people, and they have professional shortcomings just like everyone else. Here are some common reasons you might fire your divorce attorney:
- The attorney responds to your calls or emails very slowly or stops responding altogether
When Will a Wisconsin Court Terminate Parental Rights?
Wisconsin law recognizes the importance of both parents’ involvement in a child’s life whenever possible. Terminating parental rights is taken seriously and only done in extreme circumstances. Sometimes parental rights are terminated because a judge is convinced that a parent cannot safely remain in their child’s life; other times, a parent willingly gives up their parental rights. Regardless of whether you feel your parental rights are threatened or you believe your child’s other parent should lose their parental rights, a child custody attorney can help you navigate the emotional and procedural complexities of terminating parental rights in Wisconsin.
Involuntary Termination
Involuntary termination of parental rights usually happens when one parent has serious concerns about the other parent’s fitness. Wisconsin law allows termination of parental rights in several circumstances, including but not limited to:
Three Facts about Child Support Calculations in Wisconsin
As gender roles continue becoming more egalitarian and women are now often the primary breadwinner in a family, child support laws have changed to reflect the fact that many families often no longer have the traditional structure of a stay-at-home mother and working father. Rather than giving a mother full custody after a divorce and requiring only the father to pay child support, Wisconsin law now expects both parents to financially support their children and be actively involved in raising them unless there is a good reason to do otherwise. If you are getting divorced and want to learn more about child support laws in Wisconsin, read on.
Primary Placement Requires Higher Payments
Wisconsin follows the Shared Placement formula to determine child support payments. Payments are based on how many children are involved and how much time each parent spends with the children. If one parent has custody more than 75 percent of the time, he or she is considered to be the residential parent and has primary placement. While both parents are responsible for financially providing for their children, the parent with primary placement will necessarily receive larger child support payments as he or she has the children with them most of the time. But even when spouses share placement 50/50, one spouse usually pays the other child support.
Is It Possible for an Unmarried Father to Have Shared Custody in Wisconsin?
Few changes have the potential to affect a man like becoming a father for the first time. If you have recently discovered that you are or will be a father, congratulations - now is the time to start thinking about establishing a legal relationship with your child so you can ensure you have the best chance of developing a lifetime of love and support. Wisconsin law recognizes the importance of fathers in the development of a minor child’s health and well-being and encourages fathers to be present in their child’s life whenever possible. To learn more about father’s custodial rights in Wisconsin, read on.
Establish Paternity
The most important thing you can do when initiating a case for child custody or placement is to establish that you are, in fact, the father of the child. You can do this using a Voluntary Acknowledgement of Parentage when a child is born. If your child’s mother does not cooperate, you can also establish paternity through a court order, often using a DNA test.
Will a Drug Crime Conviction Mean I Go to Jail in Wisconsin?
Public perception of drug use in America has changed rapidly over the last ten years or so. As more states legalize medical marijuana and even the federal government moves towards treating drug addicts rather than penalizing them, society’s understanding of drug use has relaxed.
Unfortunately, many states still have harsh laws that are a holdover from America’s infamous “War on Drugs” period. Mandatory minimum sentencing, large fines, and other punitive measures were meant to prevent drug use and distribution. As overdose deaths continue to skyrocket, these measures appear to have failed in their intent and instead have left many lives ruined by impractical punishments. Recognizing this, Wisconsin allows judges to consider deferred prosecution, probation, and other types of alternative sentences to allow citizens charged with drug crimes to properly make amends without completely derailing their lives.
Can Previous Convictions Affect My Criminal Sentence in Wisconsin?
While the criminal justice system in Wisconsin is supposed to be fair and objective, the truth is that it can be difficult to predict exactly what the consequences will be for a specific criminal conviction. Judges often have some discretion when it comes to sentencing, and a previous criminal conviction may impact a judge’s willingness to be generous or forgiving with a defendant. Other factors, like gang involvement or the specific location of a crime, can require a harsher sentence. If you have been charged with criminal conduct, it is important to have a criminal defense attorney help you understand what issues may increase your punishment.
What Factors Can Increase a Criminal Sentence?
Before you are sentenced for a crime, you must either take a plea deal or be proven guilty by a jury of your peers. It is essential to have a criminal defense attorney with either option, because an attorney can work out a defense strategy that gets you a better plea bargain or cause the jury to doubt your guilt.
Five Types of Electronic Identity Theft in Wisconsin
The internet is a prominent part of our everyday lives. Many people turn to the internet when they have questions, want to purchase something online, or become interested in connecting with other people through various social media platforms. Additionally, with the increase in remote workspaces and work-from-home lifestyles, more and more people are using the internet on a daily basis.
Unfortunately, some internet users find themselves facing criminal charges for electronic identity theft. If you or a loved one were charged with identity theft or another computer-related crimes, contact an attorney for help.
What is Electronic Identity Theft?
Electronic identity theft is the act of stealing identifiable information about other people by way of the internet using electronic devices. The term refers to a criminal act in which thieves are able to access personal information, including debit card PINs and Social Security numbers, with the intention of stealing someone’s identity.
Can I Move If I Have Joint Custody of My Child in Wisconsin?
When parents become interested in the idea of moving elsewhere, they often have a lot to consider before finalizing their decision and relocating. Parents do not only have themselves to think about. They must also consider how moving might impact the lives of their children.
While this is true for all parents, adults who have a child custody agreement have a few more details to keep in mind when thinking about moving to a new city, town, state, or country. There are often parameters set in place regarding the relocation of parents who share joint custody of their children.
Today, we are exploring whether or not a parent with joint custody in Wisconsin can legally move when and where they please.
Wisconsin State Law Regarding Custodial Parent Relocation
Custody agreements legally define parental responsibilities and the amount of time that each parent is expected to allocate towards the care of their child or children. Joint custody entails that two divorced parents share time with their child or children.
How Long Does a Divorce Take in Waukesha County?
If you are planning to get a divorce in Wisconsin, you may be wondering how long the process takes. From filing the paperwork and negotiating divorce issues, to finalizing the divorce and everything in between, there are many steps involved in divorce proceedings. While the exact timeline of your divorce will vary depending on the specifics of your situation, here is a general idea of how long a Wisconsin divorce takes.
Filing the Initial Divorce Paperwork
In Wisconsin, there is a mandatory waiting period of 120 days between the divorce filing date and the point at which the divorce is finalized. The purpose of this waiting period is to provide the two people pursuing a divorce with time to think about their decision.
A waiting time ensures that spouses are not legally dissolving their marriage as part of a rash decision. The 120-day waiting period also allows each of the divorce lawyers representing the parties to prepare for settlement negotiations or trial.
What To Do If You Are Facing a Weapons Charge in Wisconsin
In the state of Wisconsin, a weapons charge will likely either be classified as a felony or a misdemeanor. People who are found in possession of an illegal weapon will receive either a felony charge or a misdemeanor charge based on the specifics of their situation.
For example, someone who has been convicted of a felony in Wisconsin prior to being found in possession of a weapon will be charged with a Class G felony. On the other hand, an individual who is found in possession of a weapon in Wisconsin will likely receive a misdemeanor charge if their illegal weapon possession coincides with another crime, such as failing to abide by a restraining order.
Three Steps To Fight a Wisconsin Weapons Charge
No matter which type of weapons charge you are facing in the state of Wisconsin, there are three important steps that should be followed after being charged with the unlawful possession of an illegal weapon.
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