More on Schissel Decision

By Attorney Gregg Herman
July 31, 2013

As reported earlier, in Rosecky vs. Schissel, 2013 WI 66, the Wisconsin Supreme Court upheld the ability of parties to stipulate to a parenting agreement in a surrogacy case, reversing the trial court which refused to honor the agreement.

My article discussing the holding was just published in the Wisconsin Law Journal.

Essentially, I have two questions:

First, if parties can reach an enforceable agreement regarding parenting in a surrogacy case, why can’t they do so in a divorce case?

Second, even though the trial court’s decision was wrong, now that the child has presumably been visiting his mother for the first three years of his life, does the trial court, on remand, have to consider whether depriving the child of this bond (assuming they have bonded to some degree over the last three years) trump the agreement?

Just wondering…

Attorney Gregg Herman is a founding partner of Loeb & Herman S.C. in Milwaukee, WI. He practices family law exclusively, and can be reached via e-mail or by calling (414) 272-5632.