Paternity refers to a legal action to establish a man as the father of a child. Establishing paternity can be an important first step in addressing issues of custody and physical placement and child support. Once paternity has been established, the same factors are taken into consideration in determining custody, physical placement and child support in a paternity action as are considered in an action for divorce or legal separation.

Adoption is a legal proceeding that transfers all rights and responsibilities of a natural parent to an adoptive parent. The adoption process is usually preceded by a termination of parental rights of the natural parent. The termination may be consented to by the natural parent or the court may order that the natural parent’s rights be terminated, i.e., an involuntary termination. The procedures for terminating parental rights and adoption of a child are intended to protect the best interests of the child and the rights of parents or guardians. Our firm is experienced in adoptions by relatives including step-parents, domestic adoptions and adoption of foreign children.

In determining matters of custody and physical placement, i.e. the time a child is placed with each parent, the court will consider the best interests of the children. The wishes and desires of each parent and the children are considered, but only as one of the factors in determining what is best for the children. Unfortunately, the issues of custody and physical placement cause more controversy than any other issue in a family action.

Maintenance payments are a financial adjustment between the parties. It refers to a monthly or other periodic payment by one party to the other. Whether or not the court awards maintenance payments depends on many factors including, but not limited to age and health of the parties, the respective incomes of the parties and length of the marriage. Wisconsin law provides that the starting point with regard to a determination of maintenance for long-term marriages is 50% of the gross earnings of the parties. However, there is no set formula for determining if maintenance is appropriate or, if appropriate, the amount which should be awarded.

Wisconsin law requires that when a court enters a judgment of divorce, legal separation, or paternity, and the parties have minor children, the judge or court commissioner must enter an Order relating to the parties’ obligation to pay a reasonable and necessary amount to meet the support needs of the minor child(ren). Even though there are relatively strict guidelines that the court must use, calculating child support can still be complex, especially if one or both parents are self-employed or if a parent’s income has significant fluctuations from month to month due to overtime pay, commissions, or bonuses. In addition, child support is always modifiable upon a showing of a substantial change in circumstances in the income of either party, or in the event of a significant modification to the physical placement schedule. Because the court maintains jurisdiction to modify child support, the parties are required to exchange financial information (such as tax returns and W-2s) every year so long there is a support obligation.

Financial matters in a divorce action can be especially complicated when either or both parties own a business. There are general prohibitions against either party selling or transferring property without the consent of the other party, except in limited circumstances, including those that are in the usual course of business. Determining what type of business transactions are “in the usual course of business” and tracking the same can be vitally important during a divorce action. In addition, valuing businesses and determining an equitable division of a business in a divorce action, while still allowing the party who owns the business to maintain said business after the divorce or legal separation, can be complicated. Having an experienced divorce attorney on your side can make all the difference in allowing your business to continue and thrive post-divorce.

For the most part, a Judgment of Divorce or Legal Separation is a permanent and final Order as it relates to property division. In contrast, child custody and physical placement, child support, and revisions to maintenance (so long as maintenance was not waived at the final hearing) are modifiable upon a substantial change of circumstances. There can also be post-judgment motions to enforce court orders for placement, or contempt motions for one party failing to comply with the terms of a Judgment. Oftentimes post-judgment disputes can be more contentious and complicated than the original court case, and an experienced family law attorney can be invaluable in knowing when and how to prosecute post-judgment motions.

Domestic partnerships for same sex couples have been recognized in Wisconsin since 2009 and remain available to same sex couples today. There are a number of issues which can make same sex divorce and legal separation complex issues in Wisconsin that relate to arguments about when same sex marriages became lawful in Wisconsin, where and when a same sex couple married, etc. The family law attorneys at Anderson, O’Brien have the expertise to address the complications that surround this developing area of the law in Wisconsin.

Termination of Parental Rights (TPR) is a court process which permanently ends all legal parental rights of a birthparent to a child. Your parental rights include being responsible for your child’s emotional and physical well being. However, your rights can be terminated, either voluntarily by you, or involuntarily on your behalf by a court or judge. Generally, children have a right to a parental relationship, as well as the right to receive financial support and care from both parents.

Issues relating to changing a minor child’s name in a paternity action have some strict time constraints and limit the options available to the Court in renaming a child.

Wisconsin law has strict notice requirements before a parent can remove a child from the State or more than 150 miles away from another parent who has custody and placement rights. Whether you are the parent who wants to relocate, or you’re the parent contesting the request of the other parent to move, the experienced attorneys at Anderson, O’Brien can assist you navigate this legally and emotionally complex situation.