Archive: February 2014

Joint Legal Custody

Published: Thursday, February 27th, 2014

It is NOT really joint custody – it is severable custody. In other words the statute does not require the parties to act jointly, but specifically authorizes them to act separately.

Mandatory Joint Custody (Or Placement)

Published: Wednesday, February 26th, 2014

In Wisconsin, at least, “legal custody” involves only decision making about six areas, few of which are ever in dispute. The determination of where the children live is called “physical placement.” In most cases, that is the battlefield.

Wisconsin’s Disciplinary Process – Or How Do You Define “Slower Than Molasses?”

Published: Tuesday, February 25th, 2014

Our disciplinary system is severely flawed. It’s dismaying to see how little the SC seems to understand and appreciate its own role in it.

Texas vs. Wisconsin Law Regarding Effect of Litigation on Children

Published: Wednesday, February 19th, 2014

While Texas has a statute requiring courts to accept settlement agreements, which Wisconsin does not, I was most impressed with the language of the decision recognizing the harm caused to children by litigation. Yet Wisconsin courts have consistently refused to recognize this harm.

Wisconsin Should Protect Children from Parents’ Fighting During Divorce

Published: Wednesday, February 19th, 2014

I’ve been critical of several Wisconsin decisions which, in my opinion, fail to recognize that the best interests of children is promoted by limiting conflict, including litigation between the parents. No Wisconsin court seems to recognize the importance of resolution. But the Texas Supreme Court does.

Public Notice of Misconduction Investigation

Published: Tuesday, February 11th, 2014

The petition is to provide the public with information when an attorney is being investigated – not formally accused or convicted, but merely investigated.

6 Spiritual Lessons I Learned from Being a Divorce Attorney

Published: Friday, February 7th, 2014

I seem to have a lot of cases right now where one side simply will not accept that the marriage is over.

Abuse of the Legal System

Published: Tuesday, February 4th, 2014

Occasionally, someone abuses the legal system by filing numerous motions, affidavits and other pleadings